Congress Urged To Probe 'Badly Misguided' PTAB Denials

Law360 (June 30, 2020, 5:55 PM EDT) -- A coalition of organizations has asked the House and Senate judiciary committees to investigate the Patent Trial and Appeal Board's use of discretionary denials, saying the unofficial policy is starting to "choke-off access" to patent reviews and allow low-quality patents to flourish again.

The tech groups, associations and nonprofits said in dual June 18 letters that the PTAB's increasing denial of meritorious petitions when there is parallel litigation in so-called rocket docket courts like the Western District of Texas flouts the purpose of inter partes review, which Congress intended to enhance patent quality and provide a faster and cheaper forum for...

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