Posts Tagged: "USPTO Director Chronicles"

Michelle Lee opens PPAC meeting at USPTO, introduced as Director at PTAB Bar luncheon

Lee has finally been publicly introduced at an industry event as Director of the United States Patent and Trademark Office. Indeed, earlier today Lee delivered a keynote address at the luncheon of the PTAB Bar Association meeting taking place at the Ritz-Carlton in Washington, D.C… While Michelle Lee does not appear on the meeting agenda, she was in attendance this morning at the public PPAC meeting and delivered opening remarks, although she was not then introduced as or referred to as “Director.” According to the PPAC agenda opening remarks were to be delivered by Drew Hirshfeld, Commissioner for Patents.

SCOTUS invites Michelle Lee to Respond to Oil States IPR related petition for certiorari

The first and perhaps most obvious news story here relates to the fact that the United States Supreme Court believes that Michelle Lee remains Director of the USPTO… This dispute is between the parties to an inter partes review (IPR) proceeding conducted by the Patent Trial and Appeal Board (PTAB). There are three questions presented by Oil States in the petition for writ of certiorari… Despite these very important questions, the Federal circuit affirmed the Patent Trial and Appeal Board (PTAB) without opinion with a Rule 36 judgment, which is simply a one-word judgment that says “Affirmed” without any explanation.

Citing ‘unusual circumstances’ PTO delays responding to FOIA request on status of Michelle Lee

According to these regulations cited by the USPTO, an extension is warranted in “unusual circumstances” where there is a “need for consultation… with another Federal agency having a substantial interest in the determination of the request.” On its face it would seem that invoking of 37 C.F.R. 102.6(c)(1) and (2)(iii) is an egregious abuse of authority and obvious violation of the Freedom of Information Act. Request for information about who is running the agency cannot under any reasonable definition create an “unusual circumstance,” and there seems to be no justifiable or defensible reason why another Federal agency would, could or should have an interest in Mr. Shuster, or the public, being properly informed about who is running the USPTO.

Michelle Lee seems to be USPTO Director, but Commerce Department Declines Comment

Michelle Lee seems to still be Director. She is signing patents and Federal Register Notices, but both Commerce and USPTO decline comment on her status… Presumably at some time we will be told who is the Director of the United States Patent and Trademark Office, but until then that information is being protected as if it is a State secret. Information on who is running the USPTO seems to be on a need to know basis and I guess the public just doesn’t need to know.

Michelle Lee continues to sign issued patents, possible larger Administration role suggested

According to an update given by Issa to Politico, Lee has been held over by the Trump Administration and she might be in line for some Administration position outside of the Patent Office… All of this cloak and dagger secrecy surrounding Michelle Lee and the circumstances relating to her resignation and/or being held over is extraordinarily weird. The mixed signals and continued refusal to comment, coupled with the Director’s position being either vacant or held by Lee are leading some to question what is going on, and whether there is a much more serious problem lurking.