Ex-USPTO Director Lee Says She Did Not Stack PTAB Panels

Law360, New York (January 9, 2018, 3:46 PM EST) -- Former U.S. Patent and Trademark Office Director Michelle Lee told Law360 in a recent interview she did not stack panels of Patent Trial and Appeal Board judges to achieve a particular outcome, addressing an issue that has been a source of criticism for the board and drawn concerns from some U.S. Supreme Court justices.

During a wide-ranging interview with Law360 last week, Lee said that as USPTO director, she did not determine when additional judges would be placed on PTAB panels or who those judges would be. Under board procedures, those decisions are made by the PTAB's chief judge.

"I was...

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