Tuesday, August 08, 2017 11:58:22 AM
Yes the PTAB and CAFC have been patent killers since the AIA was enacted however the trend over the past year has been an increase of reversals of PTAB rulings by the CAFC. In fact the EnBanc hearing by CAFC was a result of the related third party issue being used as a back door for attacking patents by infringers and rising to an intolerable level of appeal
Filings and Amicus briefs by injured parties that a number of CAFC judges determined this issue had to to addressed by the full court.
SCOTUS agreeing to Cert on the conditionality of IPR's as an article 3 separation of powers issue is indicative of an overall trend in the pendulum swinging back in favor of patent holders.
History is important to offer balanced analysis however recent trending indicators has to factor into a full current analysis of WDDD's opportunity moving forward.
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