About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.
Juristat #8 Overall Rank

E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Enter your email address:

Delivered by FeedBurner

Contact the Docs

Docs on Twitter


  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.


Become a Fan

« Exergen Corp. v. Kaz USA, Inc. (Fed. Cir. 2018) | Main | News from Abroad -- Disclaimers: Door Remains Open for Undisclosed Disclaimers at European Patent Office »

March 12, 2018


"PTAB has no implied authority to create ad hoc rules and new forms of PTAB standing to facilitate what it perceives to be its mission."

If this case makes it as far as SCOTUS, that line of argument will strike a chord with Justice Gorsuch.

The wise course for PTAB right now would be to latch on to 37 C.F.R. § 42.5(a) and take no further action until the sovereign immunity issue is settled. The more interesting course will be if it doesn't.

In an interesting game of "chicken," what exactly would the American Indian tribe lose?

Would any sanction compare to the "already on the table" decision by the PTAB to move forward regardless of the Tribe's immunity request?

I believe that the Tribe calling the bluff of the PTAB can only make the PTAB look worse. Let's not forget, Oil States is still sitting there in front of the Supreme Court, and any type of "bully" posture by the PTAB can easily be seen as an administrative agency acting out of control.

If an impartial outside observer can't already see that the PTAB is out of control, they aren't paying attention.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.


Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name is required. Email address will not be displayed with the comment.)

May 2018

Sun Mon Tue Wed Thu Fri Sat
    1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31