Bad Counsel, Bad Strategies, or Both?
We are now a full decade into PTAB practice. Yet, many Patent Owners still continue to shoot themselves in the foot when it comes to litigating at the PTAB. When representing a Petitioner, I don’t think I have ever been involved in a case where the Patent Owner hasn’t overlooked its best argument in some respect, or buried it in a heap of weak and/or “dead on arrival” arguments that provide no value aside from undermining the PO’s credibility.
Why is that?
I think there are a number of factors driving this behavior.Continue Reading Why Do Patent Owners Keep Making the Same PTAB Mistakes?