PTAB challenges are a costly, uphill battle for patent owners
PTAB challenges are very expensive, often topping 1M+ USD through Federal Circuit appeal. They add 2-4 years to most district court suits. Proceedings can be remanded to the PTAB by the Federal Circuit, causing additional delay. District courts often stay the lawsuit pending completion of the PTAB proceeding. The patent owner faces – even according to petitioner-biased statistics – roughly a 50% chance of success for a given claim and must win at every stage through appeal. But once the patent is found invalid in any PTAB proceeding, it is invalid forever. While a proceeding can be settled, the administrative record is not expunged, providing the public with a road map of the challenge while potentially creating a cloud over the patent.
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