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“Splitting the baby”—what’s next for the PTAB

18-05-2016

“Splitting the baby”—what’s next for the PTAB

Sean Locke Photography / Shutterstock.com

The US Supreme Court is scrutinising the work of the Patent Trial and Appeal Board and its decision in the pending Cuozzo case could change how the board operates, as WIPR finds out.

The US Supreme Court is scrutinising the work of the Patent Trial and Appeal Board and its decision in the pending Cuozzo case could change how the board operates, as WIPR finds out.

In April, the US Supreme Court heard arguments in Cuozzo Speed Technologies v Michelle Lee, a highly watched case that sees the procedures of the Patent Trial and Appeal Board (PTAB) reviewed at the highest court for the first time since the board’s creation in 2012.

The PTAB was conceived during a period of intense rhetoric around Washington and stakeholders that litigation from ‘patent trolls’ must be curbed. The biggest companies in the US were constantly facing infringement claims from what were widely considered to be weak patents. The PTAB’s creation was seen as an antidote to this by providing a quick and cost-effective means for revoking weak patents asserted by trolls.


Patent Trial and Appeal Board, Cuozzo Speed Technologies, IPRs, US Patent and Trademark Office, Lex Machina,

WIPR

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