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In what way do you think that patents have been weakened? AIA changed to first-to-file, 20 years and added PTAB but how have issued and in force patents been weakened?


- Injunctions are much harder to get since eBay v. MercExchange.[1]

- Post-grant proceedings are easy to start and delay enforcement.

[1] https://www.apks.com/en/perspectives/publications/2016/06/20...


IPR is relatively inexpensive and quick. They must be filed within 9 months and filing costs are borne by the challenger.

https://www.uspto.gov/patents-application-process/appealing-...

I can't agree that this strictly benefits the challenger. A well funded challenger was going to challenge anyways. This lowers the costs for both sides.

I'll have to read up on the EBay case.




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