This is an awesome story. $3+m fr two inventions in 18 months with presumably only pending patents and a prototype. Q: Equiv $ possible today without good (pre-)sales of product, big user base/network effect, or issued patents that have strong infringement and validity proof?https://twitter.com/Molson_Hart/status/1258146212450111491 …
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Yep (ThAnKs ObAmA/GoOgLe). The IPR process of the AIA was implemented in a way that basically meant any patent worth asserting could be ~95% chance be invalidated for roughly $300k In USPTO & legal fees. Mayo/Alice SCt decisions threw a cloud of uncertainty over most patents.
Courts decide not the uspto ultimately right? And they don’t just use prior art cited by the patent but any prior art I would think? Is this not news because patent attorneys don’t want it to be? Could this contribute to the slowdown in innovation in this country?pic.twitter.com/LafuER34Xf
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Courts defer to the USPTO IPR process. Usually litigation is stayed pending the IPR proceeding. Tons of games with this. Not (main stream) news because patents boring. I think you’ll find this interesting:https://www.ipwatchdog.com/2017/07/16/real-staggering-cost-getting-patent-ptab/id=85639/ …
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What!? That’s the opposite of how it works with trademarks. With tms you stay the cancellation proceeding with the uspto in favor of the court. I would think that the courts would be better than the uspto for getting the right decision no?
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The patent is never settled. It can always be challenged. And, no,
@uspto becomes the actual forum, inventors might never get to Dist Ct or get an appeal either from the Federal CircuitThanks. Twitter will use this to make your timeline better. UndoUndo
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