Federal Circuit Gives Short Shrift to Bias Arguments
A number of due process theories have been floated over the past few months as the “next big thing” in potential constitutional challenges to the PTAB. Some have been arguing that PTAB judges are financially incentivized to institute Others have pointed out that judges that institute AIA trials are biased in favor of cancelling claims given it is the very same judges on the back-end.
Yesterday, the Federal Circuit shot down both theories. Continue Reading Due Process Argument Against PTAB Funding Structure Fails