Fed. Circ. Told PTAB's Fee Model Undercuts Due Process

Law360 (July 2, 2020, 8:20 PM EDT) -- Patent Trial and Appeal Board judges are biased toward instituting America Invents Act reviews because the agency needs the fees involved to operate, and judges are evaluated and rewarded for their workload, a gaming company has told the Federal Circuit in a novel due process challenge.

New Vision Gaming, which is hoping to revive two patents killed in covered business method reviews, told the Federal Circuit that the PTAB has a "structural bias" that violates patent owners' due process rights. The opening brief from June 30 says judges can't be unbiased and independent when the business and financial viability of the...

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