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PTAB Invalidation Affected by Random Errors, Legal Uncertainties and Judicial Bias

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The PTAB invalidation procedure violates due process because it drags patent owners into endless assaults by patent infringers and patent thieves. Due process requires compliance with standard notions of fair play and justice, which is lacking at the PTAB. The PTAB invalidation process does not afford due process because it allows an unlimited number of infringers and patent thieves to shoot down a patent in a never ending series of challenges. If one challenge misses the target, the second and the third challenge will hit it, or ultimately it will be hit by the Nth challenger. When patents can be attacked repeatedly in such a bizarre way, the patent reward of an exclusive right is a meaningless promise.

The post PTAB Invalidation Affected by Random Errors, Legal Uncertainties and Judicial Bias appeared first on IPWatchdog.com | Patents & Patent Law.


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