Invalidating a patent
John has given a very good overview of the expense of the process of invalidating a patent.
Gene’s specialty is in the area of strategic patent consulting, patent application drafting and patent prosecution.In each of these “post-grant” proceedings, a board of administrative patent judges determines whether or not the claims of the patent are valid based on prior art, evidence, and arguments presented by both the patent owner and the challenger.The patent owner and the challenger can even conduct limited discovery and argue before the board of administrative patent judges. But the Federal Circuit went further, saying that even if the records were identical Novartis’ argument would have to fail. The Federal Circuit disagreed, finding that the record in federal court was not identical to the record at the PTAB.