Senate Panel Gets Input On PTAB Reform Efforts

By Britain Eakin (June 22, 2022, 10:18 PM EDT) -- Qualcomm's chief intellectual property counsel told members of the Senate Judiciary's IP subcommittee during a hearing Wednesday that efforts to reform the Patent Trial and Appeal Board will fall short unless the burden of proof is aligned with the standard used in district courts.

Robert Giles said patents are at higher risk for invalidation at the PTAB than in district court largely because the board uses the preponderance of evidence burden of proof, which is a lower standard than the clear and convincing standard used by district courts in patent cases. He said that needs to change during a hearing before...

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