Judge Edward Davila. Photo: Diego M. Radzinschi/ALM Davila Expresses Doubts About USPTO's Rules for Validity Challenges
The San Jose judge sounded sympathetic to tech company complaints that the PTO is limiting access to America Invents Act trials. But he also questioned whether the companies have standing to bring the suit.
March 11, 2021 at 07:36 PM
4 minute read
U.S. District Judge Edward Davila of the Northern District of California lent a sympathetic ear Thursday to five technology companies that say the U.S. Patent and Trademark Office is squeezing an alternate route for challenging patent validity.
Apple Inc., Cisco Systems Inc., Google LLC, Intel Corp. and Edwards Lifesciences argue that the PTO is unlawfully turning away administrative challenges filed under the America Invents Act when it appears that a district court trial will resolve validity more quickly.
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