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Monday, June 26, 2017 1:15:45 PM
In short, the legislative creation of the PTAB and the IPR process was the wrong response to the understandable desire to “do something” to improve patent quality. Although there is no “magic bullet,” a host of different patent quality initiatives merit being pursued, including administrative improvements at the PTO (some of which have already been instituted), additional fee funding for examinations, and perhaps substantive patent law amendments to reduce inherent legal uncertainties (perhaps repeal of section 101 of the Patent Act?). Congress would be best advised to focus on the merits of such alternatives, and to scrap IPR and PTAB, consigning them to the graveyard of ill-advised legislative initiatives.
http://www.heritage.org/economic-and-property-rights/commentary/constitutional-and-economic-policy-problems-raised-inter
More conflicts of interest surface with second PTAB judge
On November 21st, 2016, APJ Stacy Beth Margolies wrote a decision to institute an inter partes review (IPR) proceeding petitioned by Apple Inc. (NASDAQ:AAPL) at the PTAB. The panel’s decision to institute was based on its conclusion that the petitioner Apple had presented enough evidence to conclude that there was a reasonable likelihood that Apple would prevail in establishing the unpatentability of the challenged claims.
Data collected through the legal analytics tools provided through Lex Machina shows that Margolies has served as an APJ on two IPRs petitioned by Apple, both of which challenge patents owned by Voip-Pal.com, a developer of Internet telecommunications technologies. Both of the challenged patents are directed at methods of routing messages for voice over Internet protocol (VoIP) communications. Both IPR proceedings are currently open post-institution.
http://www.ipwatchdog.com/2017/05/07/more-conflicts-interest-surface-second-ptab-judge/id=83012/
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