Federal Circuit Overrules PTAB Again in ATI Technologies ULC v. Iancu


Supreme [H]ardness
Jul 29, 2009

This Story is about how patents regarding unified shaders that were claimed by LG are now again owned by AMD.

Even LGE conceded that the PTAB applied the wrong standard. This is patent law 101. The law of diligence is not complex or complicated. The standard is well-known and well-established. But getting the standard wrong is only the tip of the iceberg. Not only was there reasonably continuous diligence, but the evidence established diligence on every business day. How, then, can the PTAB explain or justify this decision? This type of evidence-be-damned approach to decision-making is precisely why the PTAB is so notorious among patent owners and this body has so fundamentally eroded the confidence in the U.S. patent system and in a U.S. patent grant.