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Gaming Co. Says Patent Board Structure Incentivizes Reviews

July 1, 2020, 8:53 PM

A Nevada gaming company is asking the Federal Circuit to rule the Patent Trial and Appeal Board’s process for starting patent reviews is unconstitutional because the board and its judges are incentivized to grant patent challenges.

New Vision Gaming & Development Inc. said there’s a structural bias in the patent review process created by the 2011 America Invents Act because the board generates more revenue when it agrees to review a patent.

The salary and bonus structures of the PTAB’s administrative patent judges also encourage higher productivity, which means more institutions, New Vision wrote in a brief filed recently with...

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