The Federal Circuit will consider at oral argument Friday whether the Patent Trial and Appeal Board is constitutionally flawed because its process for starting patent reviews is based on impermissible incentives.
That’s the argument of Nevada gaming company New Vision Gaming & Development Inc., which is using the PTAB’s decision to invalidate its card game patents as a springboard to attack the board’s structure.
The board is housed within the U.S. Patent and Trademark Office, which is entirely user-fee funded. The PTAB generates more revenue when it agrees to review patents under the process created a decade ago by the ...
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