Re: Request for Comments on Discretion To Institute Trials Before the Patent Trial and Appeal Board – US Patent and Trademark Office

Patent litigation is on the rise again following the NHK Spring Co. v. Intri-Plex Techs., Inc. case. PAE’s are taking advantage of this precedent to flood the court system with frivolous lawsuits and extort money from small businesses that cannot afford the high cost of litigation.

Application developers want to spend more time creating innovative products and less time worrying about frivolous lawsuits from patent trolls. The PTO must support efforts to promote quality patents and allow for PTAB cases to be argued on their merits. Discretionary denials of inter partes reviews by the USPTO should be eliminated.

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