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Patent Office Defends Against ‘Meritless’ PTAB Structure Attack

Oct. 28, 2020, 7:43 PM

A Nevada gaming company’s argument of structural bias at a U.S. Patent and Trademark Office tribunal is “wholly without merit,” the agency said in attempting to fend off a constitutional challenge at the Federal Circuit.

Patent office and Justice Department attorneys said Tuesday that any link between the agency’s budget interests and decisions from Patent Trial and Appeal Board judges on whether to review a challenged patent was too remote to support a bias claim.

The court filing is a response to arguments from New Vision Gaming & Development Inc., which says the patent review process created by the 2011...

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