Posts Tagged: Administrative Patent Judge


Arthrex Update: With Responses Due Next Week, Amici Urge Federal Circuit to Grant Rehearing

In December, petitions for rehearing were filed at the U.S. Court of Appeals for the Federal Circuit by each party involved in Arthrex, Inc. v. Smith & …
By Steve Brachmann
1 month ago 2

The USPTO Wants a Rehearing in Arthrex: Now is the Time to Put the PTAB on Trial

On November 13, the United States Patent and Trademark Office (USPTO) requested the U.S. Court of Appeals for the Federal Circuit suspend all consideration of an appeal …
By Gene Quinn
3 months ago 14

More PTAB Conflicts: APJ Margolies Once Again Assigned to Apple Petitions

The Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) has had a sordid history. Whether you are in favor of …
By Gene Quinn
6 months ago 7

A Story of Ethics and Optics: Former PTAB Judge Matt Clements Now Works for Apple

IPWatchdog recently learned that Apple, Inc. has hired former Administrative Patent Judge Matt Clements. Although Clements’ LinkedIn profile does not reflect the fact that he has left …
By Gene Quinn
10 months ago 23

USPTO Substantially Revises PTAB Standard Operating Procedures

Earlier today the USPTO announced the substantial revision of Standard Operating Procedures (“SOPs”) for the paneling of matters before the PTAB (SOP1) and precedential and informative decisions (…
By Gene Quinn
1 year ago 13

Smartflash Petitions Supreme Court to Challenge PTAB under Appointments Clause

In early August, patent owner Smartflash filed a petition for a writ of certiorari with the U.S. Supreme Court to appeal a case stemming from covered …
By Steve Brachmann
1 year ago 8

PTAB Brass steps into IPR to decide Apple motion for sanctions

On August 22nd, an order was entered in the inter partes review (IPR) proceedings currently ongoing between between VoIP-Pal and Cupertino, CA-based consumer device giant Apple Inc. …

Brett Kavanaugh: A history of Skepticism toward the growth of the Administrative State

As was the case with Justice Neil Gorsuch, Kavanaugh has a history of being skeptical toward the growth of the Administrative State, which means the growth of …

Categorical Rules and Why the Investpic Holding Should Worry Everyone

This assertion is a mischaracterization of Alice Corp., which never held that the intermediated settlement claims at issue in Alice Corp. were abstract because of the risk …

Aqua Products: Is It Helping Patent Owners Swim Better Nine Months Later?

At the time, many thought this change in law would significantly assist patentees in avoiding full-blown cancellation of their claims. However, our review suggests a case-by-case analysis …
By Chris Bruno & Arun Mohan
2 years ago 1

USPTO Issues Guidance on Effects of Supreme Court’s Decision in SAS Institute on PTAB Trials

On Thursday, April 26th, the U.S. Patent and Trademark Office issued new guidance regarding the effects of the U.S. Supreme Court’s judgment in SAS …
By Steve Brachmann
2 years ago 0

Controversy Over Restasis Patents is Misplaced

Competitors like Mylan and Teva, rather than inventing better treatments or cures for dry eyes chose the shortcut. They attacked Allergan’s patent in the PTAB. Allergan …
By Josh Malone
2 years ago 6

PTAB Chief Judge defends APJs as having extensive legal experience

The USPTO has provided us with a comment from Chief Judge David Ruschke, who defends APJs of the PTAB as having extensive legal and technical experience. The …
By Gene Quinn
2 years ago 93

PTAB Judges Shockingly Inexperienced Compared to District Court Judges

This study uncovered several shocking revelations. First, 12.64% of PTAB judges were appointed with less than 5 years of experience prior to their appointment as APJs (i.e., 5 years …
By Gene Quinn
2 years ago 63

PTAB Chief Attempts to Explain Expanded Panel Decisions, Sovereign Immunity at PPAC

Given the PTAB's ability to make decisions precedential, Ruschke's argument about how important and meaningful it is to have expanded panels to ensure uniformity misses the mark. …
By Gene Quinn & Steve Brachmann
2 years ago 9