filed against his patents. As many as 12 IPR’s have been filed against one patent alone, and 8 against another. One IPR was threatened by a university professor operating through a shell company, basically demanding ransom to prevent his filing of the IPR.
And the patent invalidations against him started to occur.
“With one of my patents, they saw a patent application that was missing a sentence or something,” David said. “And somehow it was counted against me. So, I was my own worst enemy on that one.”
What has occurred is heartbreaking. Basically, his company and hard-won innovations were literally being erased by PTAB decisions. “It was kinda like quicksand,” David said. “I mean, I had one of my camera cell phone patents invalidated because they said my own invention was prior art.”
His own invention had been the prior art that invalidated another of his patents. It does not get much more insane than that.
What is interesting (and quite frightening) to note is that the highly trained examiners who grant patents only do so after exhaustive investigation and research, ranging anywhere from a year to a decade. However, when the Administrative Patent Judges (APJs), who are not real judges and possess no real examiner qualifications, invalidate a patent their decision basically declares the examiner wrong for issuing the patent.
Since inception of the PTAB, the APJs have invalidated 84% of the 3,000 patents they have reviewed.
“The AIA and the creation of the PTAB has created a new Government bureaucracy and increased dispute resolution costs,” David wrote in a direct letter to Congress. “This is an explicit advantage to large businesses over small, and as a side effect, an advantage to foreign businesses over domestic. It took away any review by my peers, and my testimony in the process was essentially eliminated due to the PTAB procedures.”
“The current burdens of the U.S. patent system have nearly eliminated my small companies and the ability to continue to innovate and protect the intellectual property we develop,” he further stated.