Christine Lehman Featured in Bloomberg Law on PTO Fee Errors and ITC Litigation Risk

Partner Christine Lehman was featured in Bloomberg Law’s article, “Trade-Agency Fight Tests Whether PTO Fee Errors Can Doom Patents.”

She discussed the growing litigation risk posed by alleged PTO fee errors—particularly those involving small-entity status—and how such issues may be used to challenge patent enforceability at the ITC.

Christine noted that identifying these threshold defects can force complainants to withdraw and refile cases, potentially losing key timing advantages in the ITC’s fast-moving forum. She also observed that the agency may wait to see whether the PTO accepts deficiency payments before taking the unusual step of removing challenged patents from an investigation.

Her commentary underscores broader concerns that administrative errors once viewed as correctable could become powerful procedural tools in high-stakes patent disputes.

Read the full Bloomberg Law article here.

Christine Lehman