Split Fed. Circ. Rejects Claim Of PTAB Bias Against Patentees

By Ryan Davis (October 13, 2021, 8:24 PM EDT) -- A split Federal Circuit panel ruled Wednesday that the Patent Trial and Appeal Board's fee and bonus structure doesn't make it biased against patent owners, although one judge said the board is likely unconstitutional and criticized the majority's "facile endorsement of the present system."

In a majority opinion by Judge Timothy Dyk, the court shot down arguments by Mobility Workx LLC that the PTAB and its judges have a financial interest in invalidating patents that violates the due process rights of patent owners in America Invents Act reviews.

The majority opinion, joined by Judge Alvin Schall, concluded that "we think there...

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