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Bonus System for Patent Appeals Judges Raises Fairness Questions

Sept. 8, 2020, 10:55 AM

Bonuses for Patent Trial and Appeal Board judges create the potential for an unfairly challenger-friendly system by incentivizing judges to review more validity cases, some patent holders argue.

Questioning the Merits: There is concern that the bonuses, which typically are based in part on the number of cases judges review, are leading to more trials and forcing patent owners to devote resources to ward off weak challenges. Many patent owners have been frustrated by challengers’ success at the PTAB.

Full Schedules: But the argument that the bonuses spur PTAB judges to take on more cases “makes no sense,” a prior ...