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Friday, May 10, 2024 9:03:53 AM
Q
"Does the Patent Office have a mechanism for notifying examiners when patents they’ve allowed/issued were later invalidated by a court or the PTAB?
Are examiners that allowed/issued patents that were later invalidated given any additional training? Is it addressed with the examiner at all?
Does the Patent Office maintain statistics on how many patents allowed/issued by a particular examiner had one or more claims later invalidated?"
A
"You realize you are assuming that the PTAB and district court judges (and jury) decide invalidity "correctly." The district courts and PTAB get reversed by the Fed Cir regularly. You also assume the patent owner puts up a decent fight against validity every time. The patent owner might not care about a patent (if he has others) getting invalidated or is just unwilling to throw money/lawyers to defend it or to appeal a bad invalidity decision to Fed Cir
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