Re Supreme Court Upholds Patent Office Power to Invalidate Bad Patents

["Dave Farber" <farber () gmail com>]

Begin forwarded message:

From: Gregory Aharonian <greg.aharonian () gmail com>
Date: April 25, 2018 at 9:35:04 AM EDT
To: Dave Farber <dave () farber net>n Apr 25, 2018, at 9:24 AM, Gregory Aharonian <greg.aharonian () gmail com> wrote:

Dave,

The EFF is mistaken in its dismissal of the danger of this Supreme Court decision.

The Court of Appeals of the Federal Circuit (just below the Supreme Court) recently ruled against one company that 
three times defended itself in PTO IPR challenges to its patents.  The losing side appealed to the federal courts, and 
the CAFC ruled that the federal courts are free to completely ignore the PTO's decisions, and that the battle starts 
anew.  IPRs can easily cost $300,000.  So after spending $1,000,000 at the PTO to fight off three IPRs, the patent 
owner probably will have to spend another $1,000,000 fighting the same battle in the federal courts.

For small companies with good patents, this is crippling.  Apparently of little concern to the EFF, which nowhere 
mentioned such bleeding tactics in its amicus briefs.  Federal court patent decisions never discuss the transactional 
costs imposed by their decisions, especially the burden on small companies.  They figure, like their social friends, 
that everyone is a multimillionaire that can afford these expensive legal games.  The judges are completely out of 
touch with the daily realities of running a business, something none of them have every done.  They have never spent 
their own monies trying to run a business.

The CAFC decision also exposes one of the lies of the Supreme Court decision and the law.  Everyone claims that IPRs 
were created to allow a less expensive way to challenge/defend patents than court cases, that the USPTO should be given 
a second and final chance to do correctly what they didn't do the first time around during examination.  Yet the CAFC 
is saying that they don't even trust the USPTO when given the second chance - no matter what Congress says.  Whatever 
happens in the USPTO stays in the USPTO, according to the Federal Courts.

Regards,

Greg Aharonian
Editor, Internet Patent News Service






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