Improving and Streamlining Patent Enforcement in America

Improving and Streamlining Patent Enforcement in America

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It has been an interesting past 12 years for U.S. patent litigation. With passage of the America Invents Act (AIA) the industry was told that the Patent Trial and Appeal Board (PTAB) would provide a cheaper alternative to patent infringement litigation. Instead, what we have seen since passage of the AIA is a PTAB process that is typically the opening battle in a patent infringement war— except when the PTAB fight comes after the district court has already completed its work. Meanwhile, the International Trade Commission (ITC) has become an ever more important tribunal for patent owners able to satisfy the domestic industry requirement. Of course, with standards and burdens different between challenges filed at the PTAB, ITC and in federal district court, there is no guarantee that rulings will be consistent even after the conclusion of an appeal the Federal Circuit. Indeed, it is almost difficult to image a patent enforcement system that is more disjointed, arbitrary and in need of streamlining. This panel will discuss the current state of patent enforcement in America and ways to streamline the system.