Harmonizing standards between districts courts and PTAB in favor of "clear and convincing" evidence is key to solve inconsistent dual rulings.
Sen. Coons 8-10-2023. Christopher Andrew Coons is an American lawyer and politician serving as the junior United States senator from Delaware since 2010. “Sen. Coons Issues Fact Sheet: The Prevail Act Will Help Ensure U.S. Global Technology Leadership And Protect Economic And National Security”, Targeted News Service. || 苗
Problem: When validity of a patent is challenged in district court, "clear and convincing" evidence is needed to invalidate the patent. But at the PTAB, a petitioner need only show invalidity by a "preponderance of the evidence" standard. Further, until recently, the PTAB interpreted patent claims under a different standard than the district court. These differences often lead to inconsistent results between the two tribunals.
Solution: Harmonize PTAB claim interpretation and burden of proof with federal district court. The PREVAIL Act requires the PTAB to find a patent invalid by "clear and convincing" evidence and requires the PTAB to interpret claims using the same "plain and ordinary meaning" standard used in federal district court.