The Patent Trial and Appeal Board After 10 Years, Part II: Implications of Adjudicating in an Agency Setting

Hearing

Date:

Thu, 07/21/2022 - 10:00 AM

Location:

2141 RHOB

Witnesses

Panel 1

Ms. Candice Wright

Director, Science, Technology Assessment, and Analytics Team, U.S. Government Accountability Office

Witness Bio

Witness statement

Mr. Michael Asimow

Deans Executive Professor of Law, Santa Clara University School of Law

Witness Bio

Truth in Testimony

Witness statement

Mr. James Smith

Chief Intellectual Property Counsel, Ecolab

Witness Bio

Witness statement

Truth in Testimony

Mr. Richard Torczon

Senior Counsel, Wilson Sonsini Goodrich & Rosati

Meeting Documents

Letter from the Administrative Conference of the United States, July 15, 2022, submitted by the Honorable Henry "Hank" Johnson, Chair of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of Georgia

A letter from the United States Patent and Trademark Office, July 21, 2022, submitted by the Honorable Henry "Hank" Johnson, Chair of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of Georgia

An article entitled How Google and Big Tech Killed the U.S. Patent System, IPWatchdog, submitted by the Honorable Thomas Massie, a Member of the Committee on the Judiciary from the State of Kentuck

An article entitled The Pecuniary Interests of PTAB Judges - Empirical Analysis Relating Bonus Awards to Decisions in AIA Trials, Ron D. Katznelson, submitted by the Honorable Thomas Massie, a Member of the Committee on the Judiciary from the State of Kentucky

An article entitled USPTO response to FOIA confirms there are no Rules of Judicial Conduct for PTAB Judges, IPWatchdog, submitted by the Honorable Thomas Massie, a Member of the Committee on the Judiciary from the State of Kentucky

A letter from ACT The App Association, July 20, 2022, submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

An article entitled The Origins of Judicial Deference to Executive Interpretation submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Adello Biologics LLC v. Amgen Inc. submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Advanced Bionics, LLC v. MED-EL Elektromedizinische Gerte GmbH, submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Amazon.com, Inc. v. Uniloc Luxembourg S.A, submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Apple Inc. v. Fintiv, Inc., submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Apple Inc. v. Uniloc 2017 LLC, submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Becton, Dickinson & Co. v. B. Braun Melsungen AG, submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Cisco Systems, Inc. v. Chrimar Systems, Inc., submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

DePuy Synthes Prods., Inc. v. Medidea, L.L.C., submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

DePuy Synthes Prods., Inc. v. Medidea, L.L.C., for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Focal Therapeutics, Inc. v. SenoRx, Inc. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

General Electric Co. v. United Techs. Corp. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

GoPro, Inc. v. 360Heros, Inc. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Ex parte Grillo-Lopez for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Huawei Device Co., Ltd. v. Optis Cellular Tech., LLC for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Hulu, LLC v. Sound View Innovations, LLC, for the recordsubmitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Hunting Titan, Inc. v. DynaEnergetics Europe GmbH, for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Infiltrator Water Techs., LLC v. Presby Patent Trust, for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

K-40 Elecs.,LLC v. Escort, Inc., for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

K-40 Elecs., LLC v. Escort, Inc., for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Lectrosonics, Inc. v. Zaxcom, Inc. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Lectrosonics, Inc. v. Zaxcom, Inc for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

NHK Spring Co., Ltd. v. Intri-Plex Techs., Inc. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Oticon Medical AB v. Cochlear Limited ( II.B and II.C) for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Proppant Express Investments, LLC v. Oren Techs., LLC for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

RPX Corp. v. Applications in Internet Time, LLC for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

SharkNinja Operating LLC v. iRobot Corp., for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Snap, Inc. v. SRK Technology LLC for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Sotera Wireless, Inc. v. Masimo Corporation for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Valve Corp. v. Elec. Scripting Prods., Inc. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Ventex Co., Ltd. v. Columbia Sportswear N. Am., Inc. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Adaptics Ltd.v.Perfect Co., for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Apple Inc. v. Fintiv, Inc. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Chevron Oronite Co. LLC v. Infineum USA L.P. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Colas Sols. Inc. v. Blacklidge Emulsions, Inc. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Deeper, UAB v. Vexilar, Inc. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Ex parte Ditzik for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Ex parte Fautz for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Ex parte Hannun (formerly Ex parte Linden) for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

In-Depth Geophysical, Inc. v. ConocoPhillips Company for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

John Manville Corp.v. Knauf Insulation, Inc for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Kayak Software Corp. v. Int'l Bus.Mach.Corp for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Ex parte Kimizuka for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Kokusai Electric Corporation v. ASM IP Holding B.V. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Longi Green Energy Tech. Co., v. Hanwha Solutions Corp for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Ex parte Olson for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

PUMA North America, INC. v. NIKE, Inc. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Sand Revolution II, LLC v. Continental Intermodal Group - Trucking LLC for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Sandoz Inc. v. AbbVie Biotechnology Ltd. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Sattler Tech Corp. v. Humancentric Ventures, LLC. for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Ex parte Savescu for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Ex parte Smith for the record submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

Ex parte Spangler for the recorrd submitted by the Honorable Darrell Issa, Ranking member of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of California

A letter from the Computer & Communications Industry Association for the record submitted by the Honorable Hank Johnson, Chairman of the Subcommittee on Courts, Intellectual Property, and the Internet from the State of Georgia