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Forum nameHigh-Tech
Topic subjectAnd an article explaining one of the new patent rules...
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=11&topic_id=266716&mesg_id=275203
275203, And an article explaining one of the new patent rules...
Posted by wallysmith, Wed Aug-29-12 09:17 AM
taking effect in March. Essentially, allowing litigants to choose a jury trial or evaluation by the PTAB - judges experienced in the application of patent law.

http://www.patentspostgrant.com/lang/en/2012/08/apple-jury-confuses-obviousness-analysis

Unlike jurors, the decision makers of the PTAB are not laypeople. Rather, PTAB judges are experienced in the application of U.S. patent law and must additionally have an engineering and/or science background. In addition to the established expertise in technology and patent law, unlike the courts, PTAB judges do not accord patents a presumption of validity, nor do they require clear and convincing evidence to invalidate a patent. Indeed, patent claims are accorded a broadest reasonable interpretation at the USPTO, which makes them that much easier to invalidate.

While some will take advantage of the alternative to litigation this September 16th, others will insist that they “save their arguments” for court. As between the two paths, the choice seems rather “obvious” to me.