Posts Tagged: judicial ethics
Federal Circuit Reverses PTAB Invalidation of Wireless Network Patent in Apple Cases Involving APJ Clements
The Court of Appeals for the Federal Circuit recently issued a decision in DSS Technology Management v. Apple, which reversed an earlier decision by the Patent Trial …
The Year in Patents: The Top 10 Patent Stories from 2017
It is that time once again when we look back on the previous year in preparation to close the final chapter of 2017 in order move fresh into …
PPAC meeting comes and goes with no discussion of PTAB conflicts of interest
At the May PPAC meeting Ruschke deferred questions on issues relating to possible conflicts of interest and specifically indicated the topic of conflicts would be discussed at …
Apple, APJ Clements and final written decisions: a lethal cocktail for patents
When just looking at the subset of final written decisions resulting from Apple petitions where APJ Clements was on the panel, 24 final written decisions deem all claims …
USPTO response to FOIA confirms there are no Rules of Judicial Conduct for PTAB Judges
The website link provided by the USPTO contains no rules of judicial conduct or codes of judicial conduct, which means that the USPTO has indirectly confirmed that …
FOIA Request made of USPTO seeking information on rules of judicial conduct for PTAB judges
On Thursday, May 11, 2017, I submitted a Freedom of Information Act (FOIA) request (see bottom) to the United States Patent and Trademark Office (USPTO). My FOIA request seeks …
Lex Machina’s online tools can help patent owners spot conflicts of interest at PTAB
Any patent owner facing validity challenges at PTAB who wants to do their own research into any potential conflicts of interest involving their panel of APJs should …
More conflicts of interest surface with second PTAB judge
The blindfold appearing in the common depiction of Lady Justice is there for a reason. According to Wikipedia, Lady Justice has been depicted with a blindfold since …
Is the ethical bar for practitioners higher than it is for PTAB judges?
Had APJ Clements not been a member of the PTAB and one of the patent owners – let’s say Smartflash for example – had come to him and …
If PTAB judges can decide cases involving former defense clients USPTO conflict rules must change
If an APJ making decisions in a case within 18 months of having represented a former client complies with whatever USPTO conflict rules or guidelines apply to PTAB …
On the Record Interview with Chief Judge Paul Michel, Part 1
After 1 hour and 40 minutes I had hardly covered one-third of my questions, and I think you will see that we had a very lively discussion about many …
