Patent Judge’s Cisco Stock Doesn’t Merit Recusal, Court Says

The Federal Circuit rejected a Virginia company’s contention that a patent judge’s stock ownership created a conflict of interest, but still tossed a decision invalidating its patent after a tribunal ignored district court evidence that Cisco Systems Inc. may have copied its cybersecurity technology.

The conflict threshold for federal judges is more stringent than regulations governing judges for the Patent Trial and Appeal Board, and Administrative Patent Judge Brian J. McNamara wasn’t under a duty to recuse himself in the validity proceeding due to holding between $1,001 and $15,000 in Cisco stock, the federal appeals court found. Judge Tiffany P. ...