Trials and Tribulations of Enforcing a Patent against Goliath

Trials and Tribulations of Enforcing a Patent against Goliath

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Patent litigation has long been described as the sport of kings. Since the introduction of the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO), that truism has only grown more apparent. The PTAB was supposed to be a quicker alternative to costly patent litigation but instead has become a costly hurdle to patent enforcement. More than 80% of PTAB challenges have associated district court patent litigation pending, making the PTAB an extra expense and additional hurdle facing patent owners.

When the alleged infringer is a multinational corporation and the patent owner is a start-up, small business, or even an individual, the deck is stacked against them from the start. The large multinational corporation accused of infringement needs to win once while the patent owner must win every battle at every tribunal in what is often a decade-long patent war. A war of attrition is often fought by the large multinational corporation, who throw their weight around against the much smaller adversary.

This panel will discuss the trials and tribulations facing startups, small businesses, and individual inventors when they embark upon an enforcement campaign against the Goliaths that oftentimes knowingly use patented technology willfully without paying.