PTAB Chief Denies Dictating Results With Expanded Panels

Law360, New York (February 1, 2018, 7:55 PM EST) -- The Patent Trial and Appeal Board's chief judge pushed back Thursday on criticism from U.S. Supreme Court justices and others that the board can "stack the deck" and manipulate outcomes of cases by expanding panels, saying expansions aim to spotlight important issues, not dictate findings.

At a meeting of the Patent Public Advisory Committee, Chief Judge David Ruschke said that the public has "a little bit of a misconception as to what's actually happening" when the board decides to rehear decisions with a larger group of judges than the three on the original panel.

The board's goal is to use those...

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