Federal Panel Destroys U.S. Inventors’ Property Rights

In 2002, Bassam Abraham and Roman Chistyakov, two Boston-based engineers, created a new technology for depositing metals at the micro scale. It had wide-ranging applications, from microchips to shaving razors. The two men, joining a longstanding American tradition stretching back to the signing of the Constitution, filed patents for their invention. Then their technology drew the attention of several massive Fortune 500 companies, whom Abraham and Chistyakov would end up taking to court for allegations of patent infringement.

In response, those same Fortune 500 companies brought Abraham and Chistyakov's patents in front of an entity called the Patent Trial and Appeal Board (PTAB)—an "administrative law court" where a panel reviews challenges against patents previously issued by the Patent and Trademark Office (PTO).

For just ten patents Abraham holds, the PTAB received some 125 petitions, he said, challenging a total of 371 claims (patents are divided into "claims"). He noted that those same patents had been granted after review by six different examiners at the PTO.

"I never thought in a million years that we would lose all 371. I said, okay, maybe the patent office made mistakes on 50 percent of them. Let’s lose 150. And let’s see whatever we're left with, whether or not there is infringement," Abraham said.

The PTAB panel returned its results: of 371 claims challenged, it invalidated all 371. Abraham's patents, along with the 25-person company he and Chistyakov had grown based on them, were toast.

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