PTAB Fee Bias Claim Finds Little Traction At Fed. Circ.

By Dani Kass (April 9, 2021, 10:45 PM EDT) -- A Federal Circuit panel on Friday seemed unlikely to rule that Patent Trial and Appeal Board judges are biased toward instituting patent challenges based on how they're compensated and how the agency is funded.

Circuit Judges Kimberly Ann Moore and Richard G. Taranto in particular appeared wary of the bias-based due process theory raised by New Vision Gaming at remote oral arguments Friday, or were at least persuaded that the constitutional argument had been waived or should take a back seat to other parts of the case.

New Vision is trying to revive two patents tied to casino games that were...

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