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ARTICLE · 25 JUNE 2018

Who's Kidding Who?

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However, other former APJs must be asking themselves, "Who's Kidding Who?"

United StatesIntellectual Property
Teddy S. Gron
Teddy S. Gron
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A Feature Article of Law360 entitled "Ex-PTAB Judges Say Board Policies Don't Squelch Dissents," by Ryan Davis, argued that policies of the Patent Trial and Appeal Board (hereafter Board) do not stymie dissenting and concurring opinions by one or more of the three members of any panel of the Board charged with "hearing" an appeal, in accordance with their 35 U.S.C. § 6(b) Duties.  The article quoted former Administrative Patent Judges (APJs), one of which is a former colleague of mine on the Board who was highly respected for his views and judgments.  However, other former APJs must be asking themselves, "Who's Kidding Who?"

Preliminarily, IP practitioners must understand that, even with all the published and unpublished policies instituted by Board management in the 21st Century, three member panels still "hear" each appeal.  Practically, however, today, for reasons explained below, no more than one member of any three member panel of the Board often decides the

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