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Expert Analysis - Rebuttal

PTAB Policies Are Squelching Dissents

By Teddy Gron (June 18, 2018, 1:29 PM EDT) -- Last week, a Law360 article titled "Ex-PTAB Judges Say Board Policies Don't Squelch Dissents," by Ryan Davis, featured former judges explaining that policies of the Patent Trial and Appeal Board do not stymie dissenting and concurring opinions by one or more of the three members of any panel of the board charged with "hearing" an appeal, in accordance with their 35 U.S.C. § 6(b) duties. The article quoted former administrative patent judges, one of which is a former colleague of mine on the board who was highly respected for his views and judgments. However, other former APJs must be asking themselves, "Who's kidding who?"...

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