Sunday, June 25, 2017

Invalidating patents at PTAB



An article by Rochelle Dreyfuss in SLATE included


Versata Software learned the difference between the PTAB and the courts the hard way. In court, it successfully enforced a patent
on software for determining prices. Later on, the PTAB revoked the claims that the court had just found valid.



which is a "logical" possibility, because the standard for invalidity is more
easily met at PTAB.

However, recall the Acorda / Ampyra situation, wherein patents that passed muster at PTAB
were invalidated by the District of Delaware court.

link to Dreyfuss: http://www.slate.com/articles/technology/future_tense/2017/06/should_the_patent_and_trademark_office_be_allowed_to_change_its_mind.html

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