More Constitutional Troubles for the Patent Trial and Appeal Board: A Review of Mobility Workx v. Unified Patents

October 27, 2021
Presented By
  • Hailey R. Bureau, Ph.D.

Dr. Hailey Bureau discusses Mobility Workx v. Unified Patents, LLC (Fed. Cir. Oct. 13, 2021). Mobility Workx raises constitutional challenges to the structure of the PTAB:

 (1) Do Board members have an interest in instituting AIA proceedings to generate fees to fund the agency and ensure future job stability?

 (2) Do individual administrative patent judges have a personal financial interest in instituting AIA proceedings in order to earn better performance reviews and bonuses?

Also discussed is the Federal Circuit's decision on these issues, and Judge Newman's dissenting opinion. 


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