{"id":70382,"date":"2016-06-26T09:15:10","date_gmt":"2016-06-26T13:15:10","guid":{"rendered":"https:\/\/ipwatchdog.com\/?p=70382"},"modified":"2016-06-26T16:56:48","modified_gmt":"2016-06-26T20:56:48","slug":"cuozzo-ipr-death-american-inventor","status":"publish","type":"post","link":"https:\/\/ipwatchdog.com\/2016\/06\/26\/cuozzo-ipr-death-american-inventor\/id=70382\/","title":{"rendered":"Cuozzo, Phony IPR Statistics and the Death of the American Inventor"},"content":{"rendered":"
<\/a><\/strong>Many articles on the Supreme Court\u2019s decision on Cuozzo Speed Technologies, LLC v. Lee<\/em><\/a> suggest that the tech industry won and the pharmaceutical industry lost<\/a>. I think positioning it in this context is a lie.<\/p>\n I won\u2019t go into the bizarre nature of how two distinct and opposite legal procedures of invalidating the same property right have been created in the America Invents Act, and now upheld by the Supreme Court, except to provide a backdrop. Inter partes review (IPR) is the wagging tail of a political dog. It is performed in an administrative court where judges are beholden to the political whims of whoever happens to be President.<\/p>\n Currently, it radically favors large multinational infringers by shifting the burden to the party least able to withstand that burden. Initially, IPR\u2019s left fewer than 5% of claims unscathed<\/a> and those in the industry are openly talking about the duplicitous nature of the PTO<\/a> selling patent rights and also selling the rights to take out patents. To see an example of the destructive nature of an IPR in action, see Popular Mechanic\u2019s recent article<\/a> explaining how the patent system became so screwed up.<\/p>\n While the Patent Office likes to tout statistics that claim most patent claims challenged in IPR are not invalidated, those statistics are viewed as bogus within the industry. They do not take into account claims patent owners simply give up on because it is too expensive to fight, and they ignore the reality that once an IPR is actually instituted virtually no claims are actually adjudicated to be patentable.<\/p>\n