USIJ has filed an amicus brief urging the Supreme Court to review Lynk Labs v. Samsung, a case that raises a critical question for innovators: whether the PTAB can cancel patents based on abandoned applications that were never patented or published at the time of the invention. Congress designed IPRs as a narrow “second window” review limited to prior art consisting of “patents or printed publications” — not secret filings.
USIJ’s brief explains that the Federal Circuit’s ruling expands the PTAB’s jurisdiction beyond what Congress intended, enabling challenges based on undisclosed material and destabilizing patent rights. For startups and investors, the uncertainty is real: when the PTAB exceeds its authority, it undermines the reliability of patents that early-stage companies depend on to raise capital, protect breakthrough ideas, and compete with large incumbents.
The brief urges the Court to reinforce the statutory limits on IPRs to protect a predictable innovation environment.