Thursday, April 23, 2015

IPRs can be filed against small companies

Related to the text --The Inter Partes Review was created as a quick and relatively inexpensive way for technology companies and retailers to deal with so-called patent trolls -- which appeared in a recent Bloomberg post about Kyle Bass, one notes a post in the Quad City Biz Journal titled Prophetstown company wins patent battle which shows not all IPRs are filed against trolls. This confusion by Bloomberg is emblematic of supporters of Goodlatte's Innovation Act who point to what the Act will do to trolls, but neglect to point out its consequences to universities, small businesses, and other non-troll entities.

From text within the Quad City post:

On Jan. 22, in Jacobs Corp. vs. Genesis III, Inc., the Patent Trial and Appeal Board, or PTAB, denied the IPR petition in all respects, finding that it "failed to demonstrate a reasonable likelihood that any of the challenged claims would be held invalid under any of several proposed theories."

“Contrary to what patent infringers may believe, the (United States Patent and Trademark Office) post-grant proceedings do not allow infringers to act with impunity against the exclusive rights enjoyed by a patent owner,” Jay Hamilton, founder and principal of Hamilton IP Law, said in a news release. "This decision denying the trial demonstrates that patent challenges at the USPTO can be defeated before expenses become crippling. The PTAB’s decision has strengthened the ‘569 Patent, recognizing the validity of all the patent claims in view of the three different proposed grounds of invalidity.”


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