Posts Tagged: "Judge Merrick Garland"

Merrick Garland’s deference to federal agencies should be concerning to patent owners

Given the fact that the IPR processes at PTAB have been worrisome for many patent owners, the possibility that Merrick Garland would continue his longstanding deference towards federal agencies should cause at least some concern. Many believe the procedures creating the post grant challenges implemented by the America Invents Act (AIA) are not only one-sided against the patent owner, but fundamentally unfair to the point where due process has been compromised. Rubber stamping agency decisions, as the Federal Circuit is doing with the USPTO, would be a terrible mistake and further erode already tattered patent property rights.

Gene Quinn & Steve Brachmann

March 22, 2016

Jimmie Reyna: A Man for All Seasons for the Supreme Court

While it is certainly possible that the President has narrowed his consideration to these three candidates, history teaches us that strange twists and turns can and do occur in the Supreme Court nominating process. With four years of experience on the Federal Circuit, confirmed to that court unanimously with a 86-0 vote and vocal bipartisan support, Judge Reyna would be the first Mexican-American to become a Supreme Court Justice, he would be the first international trade lawyer to become a Supreme Court Justice, and he would bring 30 years of broad legal experience and IP training to the High Court. The American Bar Association has ranked him as unanimously well-qualified, its highest ranking.

Jim Patterson & Chaz De La Garza & Tony Zeuli

March 15, 2016