5 votes

Is it true that a significant percentage of patents do not hold up when challenged?

In that quote, there is a kernel of truth, with a candy-coating of editorializing. The facts If you look at the February 2018 USPTO statistics for the PTAB as an example, the final page shows some ...
user avatar
  • 7,043
4 votes
Accepted

Is it true that a significant percentage of patents do not hold up when challenged?

The term "in circulation" is a little confusing. Does he mean "patents that are being circulated among potential buyers"? If so, that may well be the case. Prior to Alice and the America Invents ...
user avatar
  • 693
2 votes

Are patents WO2015191648A1 and US20190365145A1 valid? Another older patent covers claims 1 - 4. What to do in such a case?

First thing to point out, neither WO2015191648A1 nor US20190365145A1 are patents. Both are applications. Applications get reviewed by patent offices and only if they are deemed sufficiently new and ...
user avatar
  • 9,712
1 vote

Can inequitable conduct lead to patent invalidation before litigation?

No The way some of or all claims can be invalidated outside of a patent infringement case in a real (Article 3) court is via an IPR before the USPTO. The grounds in an IPR are limited to the issues ...
user avatar
  • 25.6k
1 vote

Validity / Invalidity of patent : How to approach from the beginning to end

The first step would be to sue the patent holder. Once the patent has been granted, it's a matter for the courts. I don't have any examples of defensive suits launched prior to release of an ...
user avatar
  • 913
1 vote

CHEATING WITH LANCE AMSTRONG

Using a device under particular circumstances might be unethical. I think it would be huge stretch to consider inventing and patenting a specific mechanism for an electric bike to be unethical. In ...
user avatar
  • 25.6k
1 vote
Accepted

What if a patent that was used to sue a company got invalidated later?

I'm not 100% sure concerning the US, but in Europe the answer is no, sorry, you couldn't know this patent was invalid and infringed it anyways so you brought this on yourself. This is actually a ...
user avatar
  • 5,827

Only top scored, non community-wiki answers of a minimum length are eligible