Commenting on U.S. Patent and Trademark Office Director Kathi Vidal’s Director review decisions in OpenSky v. VLSI and Patent Quality Assurance v. VLSI, Washington, DC Principal Nick Matich said that he questions how compelling the merits of the petitions actually are after Intel lost its invalidity challenges in the underlying district court suit. Regardless, he added that Intel is now getting a third bite at the apple, and that “giving defendants multiple chances to challenge a patent is destabilizing to the patent system, because it leaves patent rights in perpetual limbo. This decision will incentivize more shenanigans like what we've seen here and reduce incentives to innovators." Click here to read the full article
