InterDigital Inc (IDCC)

[la-tsla-fan]

OLDDOG:

The two cases you cite convince me, more than ever before, that lawyers can use words to obfuscate even the simplest concepts.

Whether a PTAB invalidation of a clause qualifies as a taking or not is less important than the fact that a PTAB invalidation is an admission of an original error by the USPTO. Perhaps, the USPTO is justified in keeping the upfront patent application charges, and even the maintenance fee (on the grounds that actual work was performed).

HOWEVER, I cannot see charging the patent holder their costs to invalidate the patent. The party that requests the PTAB hearing should be ENTIRELY responsible for the PTAB costs and reasonable costs incurred by the patent holder.

The above is just my opinion. What is yours?

LA