The US Supreme Court will consider whether to declare unconstitutional a system that technology companies, including Apple Inc. and Google Inc., have used to invalidate hundreds of patents and avoid litigation.
In a discussion at the intersection of intellectual property and separation of powers, judges on Monday will consider a challenge to a board created by Congress that critics have dubbed “death squad” due to its tendency to throw away patents.
The Patent Trial and Appeal Board has invalidated more than 2,000 patents since it began operating in 2012. Apple says it alone has used the board to successfully attack nearly 200 patents, many held by interested entities …
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