Voip-Pal does not need Oil States to win. The 8 IPRS it has already taken covered the most significant prior art available, courtesy of Apple, ATT and Verizon. After yesterday's action at the Supreme Court the PTAB Director is walking on Egg Shells. Former Director Michelle Lee saw the writing on the wall and got out with a bullet. Chief Justice Roberts layed into the Government over using the term "Judge" and "Chief Judge" in the PTAB Board actions where they "play" Court as an Administrative Agency of the Executive Branch, a major no-no for our 3 branches of Government. Along with the "due process violations" of "packing the right judges" to get a different ruling. Net here is Oil States may be bringing down the entire IPR PTAB process, potentially burning it to the ground.
YESTERDAYS SCOTUS HEARING:
"The second thing -
CHIEF JUSTICE ROBERTS: Does it
comport to due process to change the
composition of the adjudicatory body halfway
through the proceeding?
MR. STEWART (GOV): This has been done on
three occasions. It's been done at the
institution stage.
CHIEF JUSTICE ROBERTS: So I'll
rephrase the question. Was it illegal under
those three occasions?
MR. STEWART: I don't think it was
illegal. It had functional similarities to a
court of appeals granting rehearing en banc
because the full court doesn't like the initial
panel decision.(ADMITTING THE IPR PROCESS IS A TRIAL) I think it was less extreme
than that. My understanding of the cases is
that the chief judge was concerned that the
initial -
CHIEF JUSTICE ROBERTS: The chief
judge?
MR. STEWART: The chief judge of the
PTAB.
CHIEF JUSTICE ROBERTS: You're talking
about the executive employee?
MR. STEWART: An executive branch
official. The chief judge of the PTAB -
CHIEF JUSTICE ROBERTS: When we say
"judge," we usually mean something else.
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