The recent case Innoscience Technology Co. LTD. v. Efficient Power Conversion Corp. highlights growing frustrations regarding the Patent Trial and Appeal Board (PTAB). Despite its promise of expedited patent litigation, the PTAB is perceived as an additional obstacle for patent owners, facing repeat challenges even post-trial rulings in other forums. Critics argue that the PTAB process is not only lengthy and costly, but also reflects intentional mischief, where Administrative Patent Judges disregard previous decisions, plunging patent owners into continuous legal battles over the same issues, thereby disrupting the intended functionality of the patent system.
The uncertainty this creates is a self-inflicted wound on the entire system and is perfectly illustrative of why patent owners don't believe a challenge by an infringer is over until the patent is ultimately taken away.
While the PTAB was still just a concept, during the debates over the America Invents Act (AIA) we were repeatedly told that the tribunal would be a faster, cheaper to expensive patent litigation.
Instead, the mischief that occurs at the PTAB is by design and intentional. The Administrative Patent Judges (APJs) believe they know better, and they couldn't care less whether some other judge or decision-maker has already finally decided.
This PTAB process goes well beyond being arbitrary and capricious, because that would suggest a thoughtless recklessness is at play.
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