Patent Board Bias Allegations Get Sympathy From Fed. Cir. Judge

At least one judge on the Federal Circuit is concerned that the Patent Trial and Appeal Board is structured in a way that creates due process concerns for patent owners.

Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit hit Justice Department attorney Dana Kaersvang, who represented the Patent and Trademark Office, with a barrage of questions during an oral argument about whether the board’s processes are in line with the implementing statute.

Newman was more active during the argument than in a case raising similar issues argued last month, where she asked Kaersvang fewer questions. ...