Dowd Scheffel Files Amicus Brief Urging Supreme Court to Reinforce AIA’s Limits

Dowd Scheffel, in collaboration with Caldwell Cassady & Curry PC, filed an amicus brief on behalf of former Congressman Lamar Smith, former USPTO Director David Kappos, former Chief Judge Paul Michel, and IP leader Philip Johnson in Lynk Labs Inc. v. Samsung Electronics Co., Ltd.

The brief argues that the Federal Circuit’s decision allowing unpublished patent application as prior art in IPRs conflicts with the AIA. Congress intended IPRs to be limited to “patents and printed publications,” ensuring a streamlined alternative to litigation. Expanding IPR scope undermines that balance.

A copy of the brief can be found on the Supreme Court’s docket here.

A Law360 article about the case can be found here. Another article by Professor Tim Hsieh regarding the application of Loper Bright can be found here.