A U.S. Patent and Trademark Office tribunal unlawfully retaliated against one of its own judges for claiming his colleagues improperly added judges to a panel in a patent dispute between Nike Inc and Adidas AG, a watchdog agency has preliminarily ruled.
said
Fitzpatrick's attorney John Abramic of Steptoe & Johnson said Wednesday that the decision suggests that the earlier report may be the "tip of the iceberg," and "raises serious questions" about how the PTO has addressed it.The Patent Trial and Appeal Board hears challenges to the validity of issued patents in proceedings called inter partes reviews. Fitzpatrick sat on a three-judge IPR panel that in 2014 invalidated parts of Nike's patent.
Fitzpatrick responded in May 2018 that "preventing me from issuing an opinion explaining my legal reasoning is not a legitimate use of any authority you may have," according to the MSPB. He was told later that month that he was being removed from all of his inter partes review panels based on performance issues.
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