Rachel Elsby Quoted in Law360 Article on Top AIA-Related Decisions of 2016
Rachel Elsby, counsel in the intellectual property practice at Akin Gump, has been quoted in the Law360 story “A Look Back At The Top AIA-Related Decisions Of 2016,” which examines some of the more notable appellate rulings concerning the America Invents Act (AIA).
Elsby spoke about the Supreme Court decision in Cuozzo Speed Technologies LLC v. Lee, in which the Court sided with the Patent Trial and Appeal Board’s claim construction standard for reviewing patents in AIA inter partes reviews. The justices, as the article reports, rejected arguments from patent owners that the rule results in too many patents being invalidated.
Elsby said, “It’s hard to say whether decisions at the board would have been significantly changed if the standard had gone down, but certainly there would be some change when you have such a dramatic shift in how they’re applying something.”