David Gosse

, a partner at Fitch, Even, Tabin & Flannery LLP, has a diverse intellectual property law practice encompassing both the acquisition and the enforcement of patent rights in the electronic, software, and mechanical fields, beginning with patent drafting and prosecution and extending to post-issuance proceedings before the PTAB as appropriate. Dave has substantial pre-trial and trial experience in district court litigation, including multiple jury trials relating to patent infringement, validity, and breach of license. He has represented patent owners in over two dozen IPR proceedings.

For more information or to contact Dave, please visit his Firm Profile Page.

Recent Articles by David Gosse

PTAB Judges Should Call Balls and Strikes, Not Throw Curve Balls

The America Invents Act (AIA) outlines an adversarial, inter partes, process for reviewing patents and determining their validity. Patent owners deserve a fair process, presided over by entirely neutral decision makers. But AIA trials are corrupted when judges at the Patent Trial and Appeal Board (PTAB) expand the trial proceedings to address invalidity grounds beyond those asserted in the IPR petition. When considering whether appellate review is available to prevent the PTAB from invalidating patent claims based on grounds not asserted in the petition, however, different Federal Circuit panels have arrived at different outcomes.

May 6, 2020

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