Analysis

Tech Giants Are Putting PTAB's Discretion To The Test

Law360 (September 3, 2020, 8:23 PM EDT) -- Apple, Cisco, Google and Intel's lawsuit challenging a certain Patent Trial and Appeal Board precedent will test how far the U.S. Patent and Trademark Office's discretion stretches when it comes to instituting inter partes reviews. 

The lawsuit filed Monday in California federal court pits the USPTO's wide discretionary power, supported by a series of recent U.S. Supreme Court decisions, against critics who say USPTO Director Andrei Iancu is fostering uncertainty and letting owners of weak patents, particularly nonpracticing entities, get away with exploiting the system.

"When some people believe the system is too patent-friendly, we get reactions like this lawsuit or the [America...

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