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Friday, June 23, 2017 12:02:41 PM
ANOTHER MUST READ.. WHAT CAN JUDGES BE CHARGED WITH?
http://www.ipwatchdog.com/2017/06/22/apple-apj-clements-final-written-decisions-lethal-cocktail-patents/id=83016/
Apple, APJ Clements and final written decisions: a lethal cocktail for patents
Apple has filed a total of 371 petitions with PTAB seeking to challenge the validity of patents. 75 of those petitions (20 percent) have led to final written decisions where all claims have been found invalid. Clements has served as an APJ on 52 petitions filed by Apple; 46 percent of those petitions (24 cases) have led to final written decisions where all claims challenged by Apple have been found invalid. When just looking at the subset of final written decisions resulting from Apple petitions where APJ Clements was on the panel, 24 final written decisions deem all claims invalid while only one decision led to mixed claim findings. There are no cases where a panel including APJ Clements issued a final written decision in review proceedings petitioned by Apple where all claims have been upheld.
It is entirely possible that APJ Clements did his best to decide these cases fairly.
However, the message is pretty clear:
If you own a patent which is challenged by Apple at PTAB and APJ Clements is on the panel, a final written decision will wither away your property right to nothing.
Remember that time waits for no one. Yesterday is history. Tomorrow is a mystery. Today is a gift. That's why it's called the present.
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