Quillin Discusses Possible Ramifications of Federal Circuit’s PTAB Ruling

Partner George Quillin was quoted in a Law360 article, “Surveying The Fallout From The PTAB Constitutionality Ruling,” about a Federal Circuit decision holding that the Patent Trial and Appeal Board’s structure in unconstitutional.

Quillin said many patent owners will probably welcome the ruling, which gives them the opportunity to go before a different panel of PTAB judges with the hope of undoing a previous finding that their patent is invalid. However, since the federal circuit held that the new panel of judges can use the same written record that the original panel relied on, he said, they may conclude that it’s not worth the effort.

“You’d imagine if it’s the very same record, there’s not likely to be dramatic change before the board,” he said.