May 23, 2018

Not Alternative Facts

These PTAB numbers do not lie. IPWatchdog authors Gene Quinn and Steve Brachmann with assistance from pro-patent advocates Paul Morinville and Josh Malone provide real data proving PTAB’s exaggerated harm to our patent system. 2017’s shifts in venture capital were just reported. File these posts for use later when discussing the need for The STRONGER Patents Act  with your delegations.

PTAB Facts: An ugly picture of an tribunal run amok

By Gene Quinn on Jan 08, 2018 02:30 pm
69% of cases reaching a final decision by the PTAB have all claims invalidated. 82.5% of patents reviewed by PTAB in a final decision are found defective… As the facts laid out in this article show, the PTAB is substantially more likely to find patents to be defective than a Federal District Court. This reality is a significant problem for patent owners, and should be a serious concern for anyone at all concerned with separation of powers. Even after prevailing in Federal District Court, and even after prevailing at the Federal Circuit as VirnetX had done, the PTAB can still invalidate claims already adjudicated as valid by an Article III tribunal. If patents are to be considered any kind of property right (as the statute says) title must at some point quiet, and an Article I administrative tribunal simply cannot have the power to overrule an Article III tribunal. If patent owners cannot have full faith and confidence in the patent granted by the Federal Government, and they similarly cannot have full faith and confidence in a final adjudication by the federal courts, how can they be expected to invest the millions, and sometimes billions, required to bring technology to the market.

58 Patents Upheld in District Court Invalidated by PTAB on Same Grounds

By Steve Brachmann on Jan 08, 2018 08:30 am
When going through the list of patents that have been deemed valid in district court and then invalidated through PTAB proceedings, there are 58 cases where the patent is invalidated at the PTAB on the same statutory grounds asserted at district court and which did not lead to invalidity. So, contrary to any notion that any data we’ve published fails to pass muster, there is plenty of evidence that the activities of the PTAB present an unfair playing ground for patent owners who are dragged before it, often after those patent owners have already been victorious in district court in proceedings where Article III federal judges have confirmed the validity of those patents.

Here is today’s an Axios analysis of the changing nature of venture capital availability. Readers can be certain that the IPW posts above help explain why.

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