Patent Director Accused of Abusing Discretion in Tribunal Appeal

A chipmaker alleged Thursday that US Patent Office chief Coke Morgan Stewart’s decision permitting discovery into their relationship with Intel Corp. invites gamesmanship and may promote “director shopping.”

Stewart in April ruled that the Patent Trial and Appeal Board erred in denying patent owner Greenthread LLC’s discovery request into petitioner Semiconductor Components Industries LLC. She vacated the board’s decision invalidating Greenthread’s invention, and ordered discovery.

In 2024, then-Deputy Director Derrick Brent reached the opposite conclusion, denying Greenthread’s request for director review.

“This inconsistency — without an explanation — is arbitrary and capricious, and calls into question the finality of Director ...