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In the AIA 2011, there are some new post-grant opposition procedure that speeds up and reduce the legal cost such as PGR, IPR, CBM. Although opposition applicat
by jimiwen 12y ago
In the AIA 2011, there are some new post-grant opposition procedure that speeds up and reduce the legal cost such as PGR, IPR, CBM. Although opposition application is about $30k USD plus some paper work. This is not super cheap, but it is still a lot cheaper than going through discovery and superstar trial lawyers by litigating, which would be in the millions $$.
- jacquesm 12y agoThe problem here is that the parties that are going to get hit with those patents probably don't even exist yet. Your typical patent troll buys patents that have value, the filing was done in bulk in the past, then by the time the state of the art has progressed for a bit (much more than half a year) they look over their portfolio and decide which patents can be harvested. Some patents trolls will buy up selected patents that have been filed by others. So the opposition applications will likely not be done because you'd have to oppose a whole ton of patents more or less on principle without knowing whether or not those patents would ever be used to litigate. The patent office should get better at doing its job and should not simply approve the vast majority of what goes past their desks without doing actual work, and should make the filer pay a stiff fine if they miss disclosing prior art should the patent be refused or overturned. Not that that is ever going to happen, but the current system favours the applicant way too much.
- jimiwen 12y agoAlthough courts/ITC might not grant a stay depending on IPR, CBM etc., there have been some cases if the litigation hasnt gone too far, a stay could/have been granted in some of cases. Would this tip the scales towards the defendant slightly, given that the specific patents would be known?