When the Patent Trial and Appeal Board (PTAB or “Board”) first decided the IPR that led to the Fintiv rule, it justified its decision on the basis of “balanc[ing] considerations such as system efficiency, fairness, and patent quality.” But that rationale doesn’t hold up to the facts.
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Is litigation finance turning justice into the newest financial asset?
by Josh Landau •
This op-ed was originally published at The Hill. The U.S. Supreme Court famously has the words “equal justice under the law” emblazoned above its front door. While the application of this phrase is subject to debate in the courtrooms, committee rooms, and kitchen tables of America, one point of agreement is that the law is supposed…