Fed. Circ. Judge Slams USPTO Efficiency Policy For AIA Rows

Law360, New York (March 23, 2016, 7:54 PM EDT) -- A Federal Circuit judge on Wednesday blasted the U.S. Patent and Trademark Office’s practice of using efficiency as a factor in deciding which arguments to consider during America Invents Act reviews without outlining its justifications, saying the agency cannot create a “black box decisionmaking process.”

U.S. Circuit Judge Jimmie V. Reyna penned a strongly worded concurring opinion in a dispute involving Automated Creel Systems Inc.’s patent for a yarnmaking machine, saying the way the Patent Trial and Appeal Board applies its so-called redundancy doctrine leaves him “deeply concerned” about the impact it may have on the “integrity of the patent system.”...

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