John Dragseth Quoted in Law360 Article, "PTAB, Courts' Differing Patent Takes Raise Fairness Questions"

John Dragseth (Principal) was quoted in Law360article, "PTAB, Courts' Differing Patent Takes Raise Fairness Questions" on April 10, 2017. In a number of recent decisions, the Federal Circuit has made clear that the Patent Trial and Appeal Board does not have to fall in line with district courts on whether a patent is valid. The most recent case was Novartis AG v. Noven Pharmaceuticals Inc., __ F.3d __ (Fed. Cir. Apr. 4, 2017).

“This case is important because it sets a rule that is important to a lot of people,” said John Dragseth, a principal at Fish & Richardson PC.

“One party is saying, ‘You’re higher than five,’ and the other party is saying, ‘You’re lower than 10,'” Dragseth said, with five being the preponderance of the evidence standard and 10 being the clear and convincing standard. “The court is saying that there is no inconsistency between those two statements. Each party the district court and the board were told by Congress what standard they were supposed to use and they did it.”

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