Panel Dependency Reinforces Bad Behaviors

As discussed last October, the Patent Trial & Appeal Board’s (PTAB) lack of consistency in addressing attorney misbehavior is a growing problem. Whether PTAB panels are busy attending to statutory deadlines on their docket, or turning a blind eye to procedural squabbles to better focus on the merits, the end result is that attorney misbehavior remains largely unchecked.

Attorneys that practice in district courts would never disregard applicable local rules. And district court judges that author such would not allow their rules to be ignored. While some PTAB judges take similar ownership of their forum, such APJs are increasingly few and far between. As a result, the “it doesn’t hurt to try” philosophy is becoming the de facto rule on many aspects of PTAB procedure. Continue Reading The PTAB Needs Procedural Consistency

PTAB 2018: A Year of Agency Recalibration

The Patent Trial & Appeal Board (PTAB) stole much of the 2018 patent law spotlight. From landmark Supreme Court decisions such as Oil States and SAS Institute, to significant en banc Federal Circuit decisions in WiFi-One, PTAB practice evolved more in 2018 than in any prior year. That said, the most impactful 2018 changes for practitioners were driven by the agency.

Under the pro-patent leadership of Director Iancu, the agency is expected to drive still further change in 2019.
Continue Reading Top 5 PTAB Practice Developments of 2018