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VLP Partner Jeremy Cubert Quoted in the Law360 Article “PTAB, Courts’ Differing Patent Takes Raise Fairness Questions”

Posted on Apr 11, 2017 in News by Jeremy A. Cubert

VLP Partner Jeremy Cubert was quoted in the Law360 article “PTAB, Courts’ Differing Patent Takes Raise Fairness Questions.”

The article reported on a recent ruling that made it clear that the Patent Trial and Appeal Board does not have to fall in line with district court decisions about whether a patent is valid. The article noted that some believe this stance is unfair to patent owners and wastes time as the same issues are litigated multiple times.

Mr. Cubert said, “It seems to me that Congress has allowed multiple bites at the apple for people trying to invalidate a patent.”

He added, “From a patent holder’s standpoint, you’re subjected to validity review in multiple forums with multiple standards. Maybe that’s OK and maybe that’s how Congress intended the system to be set up, but I think it’s a waste of judicial resources to have the same issues litigated over and over again.”

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