Principal David Holt Discusses Implications of Expanded Settlement Disclosures Proposed by USPTO
Bloomberg Law
The U.S. Patent and Trademark Office proposed rulemaking in April 2024 that would expand the requirement for when parties must file settlement agreements related to patent challenges at the Patent Trial and Appeal Board. The proposed requirement would assist the Federal Trade Commission and Department of Justice during antitrust investigations. This proposed depository of settlement agreements could lead to heightened scrutiny of "pay-for-delay" settlements, where patent owners pay competitors to drop patent challenges. Principal David Holt discussed the rule’s potential impact with Bloomberg Law.
Excerpt: “We’ve heard a lot from our clients that if there was a more definitive process in place for handling requests to access settlement agreements they would likely feel a bit more comfortable with filing them.”