PTAB litigation is less expensive and faster than the old ways.
An old joke about patent litigation among trial counsel that produces cringes when told to clients is that patent litigation is known as the “sport of kings.” That is because of the great expense of investigating, pleading, discovery, motion practice, expert discovery, pretrial preparation, and trial in a traditional patent case. Like that other sport of kings,… More
The current wisdom is that if you are planning to enforce a patent, you should budget to defend the inevitable IPR or CBM. However, a review of the first three years of AIA proceedings suggests that the chance of a litigated patent being challenged in the PTAB is only around 20%. This analysis is from the perspective of individual patents, rather than the number of cases impacted, and so does not directly address multiple assertions of the same patent.… More
The Supreme Court’s Alice v CLS Bank decision (2013) restricted categories of patentable subject matter in both the courts and in the Patent Office, including at the Patent Trial and Appeal Board. A look at the statistics at the PTAB shows just how effective a § 101 challenge can be.
The Supreme Court in Alice held that patents claiming “abstract ideas” are invalid and not eligible subject matter. … More