Big Tech and its newfound allies are adopting a novel line of attack in their war against the patent system. These days, they’re latching on to Americans’ outrage over high drug prices to create a new enemy in their anti-patent jihad.
Big Tech’s manufactured crusade against so-called patent trolls, which it portrays as preying on everyday businesses, is well documented. It was a storyline Big Tech hammered relentlessly en route to convincing Congress to pass the America Invents Act of 2011, a law that created the Patent Trial and Appeal Board, or PTAB.
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Marketed as a cheap, quick alternative to federal courts for patent invalidity challenges, PTAB soon morphed into Big Tech’s battering ram. It has wielded PTAB relentlessly against smaller innovators’ patents. Big Tech files challenge after challenge against the same patent, draining resources from the little guys who can’t fight back forever.
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