Even if you believe the Patent Trial and Appeal Board’s post-grant proceedings have generally played a positive role in eliminating some junk patents, the evidence shows that PTAB is violating the spirit of §325(d) of the America Invents Act—and the intent of Congress—by failing to limit double jeopardy and the serial harassment of patent owners in patent examination.
By way of background, §325(d) is the section of the AIA which specifies, in pertinent part, “In determining whether to institute or order a [patent trial], the Director may take into account whether, and reject the petition or request because, the same or substantially the same prior art or arguments previously were presented to the Office.”
