Beware the Death Squad


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.

Topics:  America Invents Act, Patent Trial and Appeal Board, Patents

Published In: Elections & Politics Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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