Learn about our current legislative initiatives. These reviews were required for draft decisions on important issues of interest, such as certain new legal or policy areas that were inconsistent with other PTAB decisions or USPTO guidance. Thats all that was really going on here., The reports findings garnered criticism for the patent office from lawmakers at a July 21 House Judiciary Subcommittee hearing, where Rep. Darrell Issa (R-Calif.) said they indicate that bureaucrats in the agency leadership, led by the Director himself, have improperly influenced or altered decisions by PTAB judges in secret without transparency and, in my opinion, without due process.. The report also mentioned pre-publication decision reviews by PTAB management as a key source of pressure. Both types of reviews were phased out or tweaked in favor of a different quality control process in May. YearsExaminer Experience: 0.0 YearsLegal Experience: ? It seems like something legislative is necessary, Matal said. About our administrative patent judges. What have we learned and what needs changing?, To contact the reporters on this story: Kelcee Griffis in Washington at kgriffis@bloombergindustry.com; Riddhi Setty in Washington at rsetty@bloombergindustry.com, To contact the editors responsible for this story: Jay-Anne B. Casuga at jcasuga@bloomberglaw.com; Adam M. Taylor at ataylor@bloombergindustry.com. Build a Morning News Digest: Easy, Custom Content, Free! For other assistance, please see our contact us page. YearsExaminer Experience: 0.0 YearsLegal Experience: 14.5 YearsPTAB Experience: 5.8 YearsPrior Companies: General ElectricPrior Firms: Wolf Greenfield, Lowrie Lando, Foley & Lardner, Name: Adam PyoninDegree: BSMajor: ?Technical Experience: ? Who are the Administrative Patent Judges? The rules governing interferences are found at 37 CFR 41.100-41.208. A Practical Guide to the Supreme Court's Oil States Decision What is the PTAB and Who are the Judges? - Fish & Richardson This finding based on the survey doesnt surprise me at all, she said. Five former PTAB judges reveal how to succeed at the board McKeown said the report appears to be casting aspersions on an imperfect system that was still directed at a worthy goal. Some judges also noted it was not always clear who in management reviewed draft decisions and whether comments were mandatory. This review now only takes place at judges' request. Who are the Administrative Patent Judges? The Board includes statutory members and administrative patent judges. The USPTO Directorin coordination with PTAB managementshould take steps to improve internal communication with judges to promote transparency and openness by: 1. Have a comment about the web page you were viewing? "[2] The substantial evidence standard is generally considered more deferential than the clear error standard applied to appellate review of fact-finding by district courts,[3] which may reflect Congressional recognition of the subject matter expertise of administrative adjudicatory bodies like the PTAB. The Patent Trial and Appeal Board (PTAB) is a tribunal within the United States Patent and Trademark Office (USPTO) that reviews rejections made by examiners in proceedings called ex parte appeals and decides patentability questions for issued patents raised by third parties in proceedings called AIA trials. Our review of oversight at the board and the independence of its judges found, for example, that: We made recommendations to increase transparency. Edison Co. v. Up until September 16, 2012, the PTAB was called the Board of Patent Appeals and Interferences. [2] Consol. If the founding document had to be amended over time, theres no reason to think that any other law is immune from the need for amendments, he said. Find out how to protect intellectual property in other countries. [1] Panel designation authority is delegated to the Chief Judge of the PTAB by the PTO Director. The only question is, what solution?. Name: Lora GreenDegree: PhDMajor: BiochemistryTechnical Experience: 4.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 2.0 YearsPTAB Experience: 16.8 YearsPrior Companies: Prior Firms: Name: Lynne BrowneDegree: BSMajor: Mechanical EngineeringTechnical Experience: 0.0 YearsExaminer Experience: 22.0 YearsLegal Experience: 0.0 YearsPTAB Experience: 8.0 YearsPrior Companies: Prior Firms: Name: Lynne PettigrewDegree: MSMajor: Electrical EngineeringTechnical Experience: 8.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 14.8 YearsPTAB Experience: 7.2 YearsPrior Companies: AT&TPrior Firms: Finnegan Henderson, Name: Mahshid SaadatDegree: BSMajor: Electrical EngineeringTechnical Experience: ? Further considerations include balancing the experience, workload, and jurisdiction of the APJs on the panel. 35 U.S.C. 135. YearsPTAB Experience: 6.8 YearsPrior Companies: Prior Firms: Duft Bornsen, Name: Daniel SongDegree: MSMajor: Mechanical Engineering, Engineering ManagementTechnical Experience: 2.3 YearsExaminer Experience: 0.0 YearsLegal Experience: 11.8 YearsPTAB Experience: 11.3 YearsPrior Companies: FordPrior Firms: Sixbey Friedman, Nixon Peabody, Name: Dave CutittaDegree: BSMajor: Electrical EngineeringTechnical Experience: 10.9 YearsExaminer Experience: 0.0 YearsLegal Experience: 12.4 YearsPTAB Experience: 3.7 YearsPrior Companies: Harrison Corporation RF, Datron World Communicatioons, DawnbreakerPrior Firms: Nixon Peabody, Staas & Halsey, Name: Dave McKoneDegree: BSMajor: Electrical EngineeringTechnical Experience: 2.3 YearsExaminer Experience: 0.0 YearsLegal Experience: 9.0 YearsPTAB Experience: 7.2 YearsPrior Companies: General ElectricPrior Firms: Fish & Richardson, Latham & Watkins, Nixon Peabody, Name: David CottaDegree: BAMajor: Biology, HistoryTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 18.6 YearsPTAB Experience: 3.4 YearsPrior Companies: Prior Firms: Kaye Scholer, Wiggin & Dana, Edwards Wildman, Mintz Levin, Name: Deborah KatzDegree: PhDMajor: Molecular BiologyTechnical Experience: 3.6 YearsExaminer Experience: 0.0 YearsLegal Experience: 10.0 YearsPTAB Experience: 7.9 YearsPrior Companies: Prior Firms: Finnegan Henderson, Name: Debra StephensDegree: BSMajor: Electrical EngineeringTechnical Experience: 5.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 15.7 YearsPTAB Experience: 11.2 YearsPrior Companies: Sony Ericsson, Phillips, GE, UnisysPrior Firms: Staas & Halsey, Name: Devon Zastrow NewmanDegree: MSMajor: Chemistry, Biochemistry, NeurobiologyTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 14.0 YearsPTAB Experience: 3.5 YearsPrior Companies: Prior Firms: Klarquist Sparkman, Keating Jones, Schwabe Williamson, Name: Donna PraissDegree: BSMajor: Chemical EngineeringTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 20.8 YearsPTAB Experience: 7.7 YearsPrior Companies: Prior Firms: Kenyon & Kenyon, Hunton & Williams, Michelman & Robinson, Name: Elizabeth LaVierDegree: MSMajor: BiologyTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 6.8 YearsPTAB Experience: 5.3 YearsPrior Companies: Prior Firms: Darby & Darby, Morrison & Foerster, Name: Elizabeth RoeselDegree: BSMajor: ChemistryTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 26.2 YearsPTAB Experience: 5.3 YearsPrior Companies: Prior Firms: Kirkland & Ellis, Crowell & Moring, Pillsbury Winthrop, Paul Hastings, Latham & Watkins, Name: Eric JeschkeDegree: BSMajor: Mechanical EngineeringTechnical Experience: 5.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 7.2 YearsPTAB Experience: 5.1 YearsPrior Companies: Prior Firms: Finnegan Henderson, Name: Frances IppolitoDegree: BAMajor: ChemistryTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 7.0 YearsPTAB Experience: 6.2 YearsPrior Companies: Prior Firms: Knobbe Martens, Shay Glenn, Name: Garth BaerDegree: ?Major: ?Technical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 5.0 YearsPTAB Experience: 5.0 YearsPrior Companies: Prior Firms: Finnegan Henderson, Name: Gene BranchDegree: MSMajor: Electrical EngineeringTechnical Experience: 5.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 14.2 YearsPTAB Experience: 6.8 YearsPrior Companies: Lockheed Martin, DisplayTechPrior Firms: Townsend & Townsend, Perkins Coie, Name: George BestDegree: PhDMajor: ChemistryTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 15.6 YearsPTAB Experience: 7.8 YearsPrior Companies: Prior Firms: Foley & Lardner, Name: George HoskinsDegree: BAMajor: PhysicsTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 4.4 YearsPTAB Experience: 6.3 YearsPrior Companies: Prior Firms: Calfee Halter, Name: Georgianna Witt BradenDegree: PhDMajor: Molecular BiologyTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 10.1 YearsPTAB Experience: 9.2 YearsPrior Companies: Prior Firms: Howrey, Winston & Strawn, Name: Gordon D. KinderDegree: BSMajor: Mechanical EngineeringTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 10.8 YearsPTAB Experience: 3.8 YearsPrior Companies: Prior Firms: , Name: Grace Karaffa ObermannDegree: BAMajor: ChemistryTechnical Experience: 2.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 22.0 YearsPTAB Experience: 7.0 YearsPrior Companies: FMCPrior Firms: Fish & Neave, Davidson Berquist, Name: Gregg AndersonDegree: BSMajor: Aerospace EngineeringTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 38.8 YearsPTAB Experience: 6.8 YearsPrior Companies: Prior Firms: Holland & Hart, Merchant & Gould, Greenberg Traurig, Knobbe Martens, Gordon & Rees, Name: Hubert LorenDegree: BSMajor: Chemical Engineering, MathTechnical Experience: 0.0 YearsExaminer Experience: 15.0 YearsLegal Experience: 0.0 YearsPTAB Experience: 20.8 YearsPrior Companies: Prior Firms: , Name: Hung BuiDegree: BSMajor: Electrical Engineering, Computer EngineeringTechnical Experience: 0.0 YearsExaminer Experience: 1.1 YearsLegal Experience: 21.5 YearsPTAB Experience: 7.2 YearsPrior Companies: Prior Firms: Antonelli Terry, Name: Hyun J. JungDegree: BSMajor: Aerospace EngineeringTechnical Experience: 3.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 5.7 YearsPTAB Experience: 7.4 YearsPrior Companies: Alstom PowerPrior Firms: Blank Rome, Name: Jackie HarlowDegree: MAMajor: NeuroscienceTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 8.1 YearsPTAB Experience: 4.8 YearsPrior Companies: ApplePrior Firms: Weil Gotshal, Faegre & Benson, Name: Jackie Wright BonillaDegree: PhDMajor: Chemistry, PharmacologyTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 13.3 YearsPTAB Experience: 7.8 YearsPrior Companies: Prior Firms: Finnegan Henderson, Foley & Lardner, Name: James DejmekDegree: BSMajor: Electrical EngineeringTechnical Experience: 19.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 8.1 YearsPTAB Experience: 5.0 YearsPrior Companies: MotorolaPrior Firms: Kirkland & Ellis, Name: James HouselDegree: MSMajor: Chemical Engineering, Systems EngineeringTechnical Experience: 0.0 YearsExaminer Experience: 22.6 YearsLegal Experience: 5.0 YearsPTAB Experience: 7.8 YearsPrior Companies: Prior Firms: , Name: James TartalDegree: MSMajor: Civil Engineering, Environmental Engineering, BiotechnologyTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 13.0 YearsPTAB Experience: 7.0 YearsPrior Companies: Prior Firms: Sidley Austin, Manatt Phelps, Finnegan Henderson, Name: James WorthDegree: BSMajor: ?Technical Experience: ? The U.S. Patent and Trademark Office flag flies at its headquarters in Alexandria, Va. However, beyond the speed issue, we have issues with making sure its fair and equitable to the parties.. Ptab Judge Salary. On the other hand, some judges we interviewed stated that management did not get involved in most cases, and when they did they primarily focused on certain issues, such as eligibility for an AIA proceeding. Published: Dec 22, 2022. The rules governing ex parte appeals are found at 37 CFR 41.30-41.54. File a trademark application and other documents online through TEAS. 2016) (O'Malley, J. concurring) (calling clear error "a more searching standard of review"). Authors: Rick Bisenius, Dan Smith, and Ryan Petty. Increased Transparency Needed in Oversight of Judicial Decision-Making. YearsExaminer Experience: 0.0 YearsLegal Experience: 9.0 YearsPTAB Experience: 5.1 YearsPrior Companies: Lam ResearchPrior Firms: Wilson Sonsini, Kilpatrick Townsend, Name: Alex YapDegree: MSMajor: Electrical Engineering, Computer EngineeringTechnical Experience: 4.2 YearsExaminer Experience: 0.0 YearsLegal Experience: 10.5 YearsPTAB Experience: 3.6 YearsPrior Companies: Freescale Semiconductor, Analog DevicesPrior Firms: Morrison & Foerster, Name: Alyssa FinamoreDegree: BEMajor: Chemical EngineeringTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 16.5 YearsPTAB Experience: 2.8 YearsPrior Companies: Prior Firms: Diederiks & Whitelaw, Dowell & Dowell, Name: Amanda WiekerDegree: BEMajor: Biomedical EngineeringTechnical Experience: 0.0 YearsExaminer Experience: 0.5 YearsLegal Experience: 8.7 YearsPTAB Experience: 5.1 YearsPrior Companies: Prior Firms: Ropes & Gray, Name: Amber HagyDegree: BSMajor: Electrical EngineeringTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 24.1 YearsPTAB Experience: 4.5 YearsPrior Companies: Prior Firms: Arnold White, Thompson & Knight, McKool Smith, Weil Gotshal, Greenberg Traurig, Name: Amee ShahDegree: BSMajor: Naval Architecture, Marine EngineeringTechnical Experience: 2.1 YearsExaminer Experience: 10.3 YearsLegal Experience: 5.4 YearsPTAB Experience: 4.4 YearsPrior Companies: General DynamicsPrior Firms: Holland & Knight, Name: Andrew DillonDegree: BSMajor: Electrical EngineeringsTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: ? They are required to have at least a bachelors degree in an engineering or scientific discipline, and some are former patent examiners. About PTAB | USPTO The GAO report reflects past practices, not the current state of PTAB oversight, a patent office spokesperson told Bloomberg Law in a statement. Below is the detail for each of the 163 APJs. The PTAB is currently seeking applications for two open judge positions. He suggested the results of the study point to a gap between practitioners and PTAB decision makers and show that the patent-evaluation system suffers from management and control issues., Indeed, the study found that some stakeholders are generally unaware of the methods PTAB management uses to oversee judges decisions.. However, some participants in PTAB proceedings have raised concerns about whether PTAB management or the USPTO Director have used their oversight authority to influence judges' decision-making. When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information. After his historic 62-home run season, the reigning AL MVP has 19 homers, a .674 slugging percentage and a 1.078 OPS in 2023, despite missing some time due to hip and toe injuries. In addition, some judges noted that management guidance sometimes affected an aspect of their decision, but that was not always transparent to the public or parties to the case. The PTAB: Everything You Need To Know About Becoming A Judge "There shall be in the Office a Patent Trial and Appeal Board." In order to have a coherent voice there needs to be some mechanism to smooth out those bumps, he said. YearsExaminer Experience: 0.0 YearsLegal Experience: 8.0 YearsPTAB Experience: 5.0 YearsPrior Companies: Prior Firms: Knobbe Martens, Name: Tina HulseDegree: BAMajor: Molecular BiologyTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 9.0 YearsPTAB Experience: 6.1 YearsPrior Companies: Prior Firms: Finnegan Henderson, Name: Trevor JeffersonDegree: MSMajor: Electrical Engineering, Electronics EngineeringTechnical Experience: 4.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 13.2 YearsPTAB Experience: 7.7 YearsPrior Companies: GE Astro, Martin Marietta, MotorolaPrior Firms: Latham & Watkins, Name: Ulrike JenksDegree: PhDMajor: Molecular BiologyTechnical Experience: 2.3 YearsExaminer Experience: 6.7 YearsLegal Experience: 2.9 YearsPTAB Experience: 7.5 YearsPrior Companies: NIHPrior Firms: Sterne Kessler, Name: Wesley DerrickDegree: PhDMajor: BiochemistryTechnical Experience: 0.0 YearsExaminer Experience: 0.0 YearsLegal Experience: 10.7 YearsPTAB Experience: 5.5 YearsPrior Companies: Prior Firms: Needle & Rosenberg, Finnegan Henderson, Name: William SaindonDegree: BSMajor: Industrial EngineeringTechnical Experience: 0.0 YearsExaminer Experience: 2.3 YearsLegal Experience: 0.0 YearsPTAB Experience: 14.3 YearsPrior Companies: Prior Firms: . The Supreme Court ruled in 2021 that the Director should have the ability to review judges' final decisions in certain proceedings. https://www.uspto.gov/sites/default/files/documents/SOP%201%20R15%20FINAL.pdf (Revision 15: Sept. 20, 2018). Interferences are provided for by 35 U.S.C. [3] See Merck & Cie v. Gnosis S.P.A., 820 F.3d 432, 433 (Fed. A judge is assigned to cases matching their technology expertisebiotechnology/pharma, business methods, chemical, electrical, mechanical, or design. What should attorneys know before appearing in front of a PTAB panel? Judges have extensive patent legal experience prior to their appointment on the Board, for example, in private practice, in government practice (e.g., at the Department of Justice or the International Trade Commission), and as in-house counsel in companies. The study points out room for improvement, said Emil Ali, a McCabe & Ali LLP partner who specializes in professional conduct standards. It is an administrative adjudicatory body in the U.S. Patent and Trademark Office ("PTO"), within the U.S. Department of Commerce. The majority also said they felt pressure to "change or modify" aspects of . The USPTO Directorin coordination with PTAB managementshould take additional steps to improve communication of the oversight practices used within PTAB with stakeholders and partiesincluding making public any policies, directives, or guidance judges are required to follow that may have a substantive effect on the decision-making process (Recommendation 3). APJs come from various backgrounds, but all have significant experience in patent law, and candidates with 10 to 15 years of litigating and/or prosecuting patents are preferred. As just one example, consider IPRs 2016 . 5 Big Developments That Shaped The PTAB In 2020 - Law360 Cir. We would like to know what you found helpful about this page. Others similarly noted that the oversight structure itself isnt concerning, but undisclosed interference is. Creating a central repositorysuch as a PTAB-specific intranet pagefor all important information judges need to perform their dutiesincluding up-to-date written documentation of all policy documents, directives, announcements, information on changes, upcoming deadlines and requirements (Recommendation 2). For other assistance, please see our contact us page. Source: GAO analysis of information from the U.S Patent and Trademark Office (USPTO). making all PTAB judges Presidential nominated . All APJs must be an active member in good standing of at least one state bar. APJ recruitment brochure [PDF] Information about being an administrative patent judge ( Videos) A Day-in-the-Life of an APJ [PDF] Helpful. GAO is also recommending that PTAB take additional steps to improve stakeholder awareness of oversight practices. 134 and 306. 6(a), establishes the Board's membership as the Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the Administrative Patent Judges. Below is the detail for each of the 163 APJs. Our description below generally focuses on the Trials division. YearsExaminer Experience: 0.0 YearsLegal Experience: ? They are required to have at least a bachelor's degree in an engineering or scientific discipline, and some are former patent examiners. Sep 17, 2020 11:10 AM EDT, Madrid Protocol & international protection, Checking application status & viewing documents, Checking registration status & viewing documents, Enforcing your trademark rights/trademark litigation, International intergovernmental organizations, Transferring ownership / Assignments help, Information about being an administrative patent judge (.
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