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Ex-PTAB Judges Say Board Policies Don't Squelch Dissents

Law360 (June 11, 2018, 6:27 PM EDT) -- Dissenting opinions are rare occurrences at the Patent Trial and Appeal Board, but former judges say that's largely because the board strives to reach consensus and has a heavy workload, not because they feel discouraged by board officials from offering dissenting views.

A 2009 email to PTAB judges explaining the board's policy on separate opinions was recently posted by the blog IPWatchdog, which obtained it through a Freedom of Information Act request. The message explains that concurrences and dissents do not automatically count toward a judge's productivity goals and that judges seeking work credit for writing them must submit a request...

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