Tech companies are taking advantage of an alternative system to handle patent disputes. Congress needs to get involved.
Tech companies, including Apple, have overwhelmed what was supposed to be an alternative system to handle patent disputes. Congress needs to intervene and return the Patent Trial and Appeal Board to its intended purpose.In my time in the U.S. House of Representatives, I had the privilege of working alongside Sen. Patrick Leahy, D-Vt., to craft a comprehensive and bipartisan patent reform bill.
Let me explain with a real-world example. Centripetal Networks is a cybersecurity firm that met with a much bigger industry-leading company on numerous occasions between 2015-2017 to discuss a possible business deal. The companies ultimately decided not to do business, but the larger company still launched new products containing Centripetal’s patented technology.
Big Tech companies undertake such predatory infringement all the time. Startups and small businesses without a significant budget for litigation struggle to handle these influxes of legal challenges. Big Tech firms have realized that outgunned startups often give up in these situations, either by going out of business or settling for cents on the dollar.
To curb some of these abuses, the patent office decided in 2020 to apply the procedures from the decision in Apple v. Fintiv to deny a validity challenge at the PTAB if the same party challenged the same patent earlier in district court.
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