USIJ has released a new policy brief examining how inconsistent decision-making by Patent Trial and Appeal Board (PTAB) panels is allowing major patent disputes to proceed in ways that conflict with recent reform efforts at the U.S. Patent and Trademark Office. The brief highlights several cases in which PTAB proceedings continued despite jury verdicts, ITC rulings, or clear real party-in-interest concerns, creating uncertainty for American innovators and investors.
“Cases are falling through the cracks — and in each instance, the beneficiary of PTAB’s inconsistency is a large, often foreign, infringer, while the victim is an American innovator.”