Beware the Death Squad

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On August 14, 2014, Law360 quoted PTAB Chief Judge James Smith commenting that the Board’s reputation as a patent “death squad” – a phrase coined by former Federal Circuit Chief Judge Randall Rader.  While “death squad” is “unfortunate language,” in some ways it adequately describes the mission Congress gave the board under the AIA.  While the rate of declaration dropped from 87 percent in fiscal 2013, to 76 percent in fiscal 2014, the rate of filing continues ot increase.

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