EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

11.07.18

US Litigation Office: Former Judge From the Patent Trial and Appeal Board (PTAB) Leaves the Office as Another Litigator Enters as New Deputy Director

Posted in America, Patents at 4:32 am by Dr. Roy Schestowitz

Litigation maximalists at the helm

Trump and Hatch

Summary: Nathan Kelley is leaving and Laura Peter is joining the USPTO; That means one patent judge less and a new Deputy Director who used to work for what some call a “patent troll”

THE U.S. Patent and Trademark Office (USPTO) is a hopeless, sordid mess under the new Director, a Trump appointee whose firm had worked for Trump before he got the job. Whether it’s all just a coincidence or not, the impact seems clear and technology companies do not like it. Does the Office work for scientists or for lawyers?

“Does the Office work for scientists or for lawyers?”Yesterday Ben Wodecki was spotted as one among several who covered this move, citing a press release. He said: “Perkins Coie has hired Nathan Kelley, the former solicitor and deputy general counsel at the US Patent and Trademark Office (USPTO). Kelley, who stepped down from his role at the USPTO over the summer, joins Perkins Coie as a partner in its IP practice. He will work out of the firm’s Washington DC office. In his role at the USPTO Kelley represented the office director in court and has been involved in some of the biggest patent and trademark cases of the last few years, including Oil States v Greene’s Energy Group, Novartis AG v Noven Pharma, and Aqua Products v Matal.”

IP Watch wrote about this too:

Nathan Kelley has stepped down from his role as solicitor and deputy general counsel at the United States Patent and Trademark Office (USPTO) to join the Perkins Coie law firm in Washington, DC. Kelley also had served as chief administrative patent judge in charge of the Patent Trial and Appeal Board (PTAB).

[...]

During his term as Solicitor, Kelley defended hundreds of decisions of the PTAB and the Trademark Trial and Appeal Board (TTAB) before the Federal Circuit. Kelley also advocated the USPTO’s position during interagency deliberations on IP cases before the U.S. Supreme Court, including WesternGeco LLC v. ION Geophysical Corp., B&B Hardware, Inc. v. Hargis Industries, Inc., Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., and Alice Corp. v. CLS Bank International. He also oversaw the USPTO’s defense of numerous district court cases against it.

We’ll probably come back to it in the weekend. It doesn’t look good, especially after another senior person from the Patent Trial and Appeal Board (PTAB), the chief judge, moved or was removed. The last time there was a ‘reorg’ at the USPTO a technical Director (Michelle Lee) was replaced by a ‘mole’ of the litigation zealots, Mr. Iancu. An insider/watchdog has just mentioned another move: “Rumors abound that a major reorg is on the way for the USPTO CIO. Hopefully, patents will take back Debbie Stephens and the PTO DIR will get rid of some of the Owens hold overs. Scardino is pushing for this but maybe he should look at his own org before casting stones.”

Another litigator, this one connected to Immersion Corporation (notorious aggressor which some call a "patent troll"), will be in charge of the Office. As IP Watch put it yesterday: “The United States Patent and Trademark Office (USPTO) today announced a new deputy director, Laura Peter, a veteran intellectual property attorney, most recently at Silicon Valley cyber-defence firm A10 Networks.”

“The Director she’ll be working with is terrible (bad for technology, good for the litigation ‘industry’).”Patent maximalists welcomed the move, saying that “Peter most recently held the position of deputy general counsel of A10 Networks in Silicon Valley [and] Laura Peter has been named as deputy under secretary of commerce for intellectual property and deputy director of the USPTO, effective November 13, 2018.”

That’s next week. The Director she’ll be working is terrible (bad for technology, good for the litigation ‘industry’). Will this one too be as terrible? Given her background (a degree in science), maybe not. Time will tell..

The above insider/watchdog added : “Rumor has it that the deputy director has an affinity for Grant Thornton, we will ask the DOC IG to see if its true. In the mean time: https://goingconcern.com/grant-thornton-pcaob-bancorp/ [] We are worried that USPTO leadership is asking Grant Thorton, IBM and the like to help with the restructure of CIO. However, many of us have worked with them over the years and while they can give great advice they often fail on internal IT issues. https://betanews.com/2012/12/06/ibm-has-a-big-problem/ …”

There was over a week's downtime recently. Some had been accusing the CIO of incompetence, citing appointments by nepotism (like at the EPO).

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. How OSI Co-Founder Got Banned From the OSI's Mailing Lists (a Month After the Other Co-Founder Resigned in Protest in Those Mailing Lists, Bemoaning Attacks on Software Freedom)

    This post is not an endorsement of the message; its purpose is to show what was censored and let people decide for themselves if that merited a ban



  2. IRC Proceedings: Friday, February 28, 2020

    IRC logs for Friday, February 28, 2020



  3. Alexandre Oliva Against Bullying and Violence

    I was ready to come to a close of this series, but an urgent request I got takes priority over the last planned post in the series, now postponed



  4. Links 28/2/2020: Qt 5.15 Beta, UBports/Unity8 Now Lomiri, GCC 8.4 Release Candidate

    Links for the day



  5. Richard Stallman is Now Eligible for the FSF's Award

    To counter the impression that FSF leadership distances itself from the FSF's founder it can publicly display a healthy and cordial relationship with GNU's chief



  6. People Who Oppose Stallman Can be Rude and They Pick on People Who Merely Defend Stallman's Role at FSF

    Earlier this week I wrote about aggressive reactions I receive for my articles; here's one of them (minutes old)



  7. 3 Founders Out in 5 Months

    With OSI's co-founders both out (not long after the start of this year), as well as the founder of the FSF, one must ask who's left to lead the fight against proprietary software injustices



  8. Inside the Free Software Foundation (FSF) - Part II: The Majority of the Board Supports Richard Stallman

    It seems to have become somewhat fashionable separating high-profile projects and institutions from their founders; at the FSF, thankfully (at least for now), the founder still has a foothold



  9. IRC Proceedings: Thursday, February 27, 2020

    IRC logs for Thursday, February 27, 2020



  10. EUIPO and EPO Celebrate Corruption in Croatia

    The EPO returns to its corrupt roots of the Battistelli era even in the form of photo ops



  11. Death of the UPC (Unitary Patent) Confirmed by the British Government

    The lies about the UPC are repeatedly being called out as UPC disarray is confirmed by the spokesperson of Prime Minister Boris Johnson



  12. A Month After One OSI Co-Founder Resigns in the Mailing Lists Over OSI's Attacks on Software Freedom the Other OSI Co-Founder Gets Kicked Out for Speaking About It

    The 'cancel culture' seems to be canceling people who speak about software freedom, under the guise of the real motivation being manners (when one lashes out at those who attack Free software and free speech)



  13. Links 27/2/2020: LibreOffice 6.4.1, Collabora Office for Phones and Latte Dock 0.9.9

    Links for the day



  14. The Linux Foundation is Deeply Committed to Diversity and Inclusiveness (as Long as You Have Perfect Vision and Use 'Big Browsers' That Spy)

    The Linux Foundation's message of inclusiveness refers only to a particular kind of inclusiveness



  15. Inside the Free Software Foundation (FSF) - Part I: Year Zero

    People behind the ousting of Richard Stallman (or 'leaders of the coup' as some call them) want a fresh start; but they aren't starting what most FSF supporters have been led to believe



  16. Alexandre Oliva on Diversity Hypocrites

    "Some of them purport to be for inclusion and diversity, but won't hesitate to make fun of someone's poorly-disguised handicap."



  17. IRC Proceedings: Wednesday, February 26, 2020

    IRC logs for Wednesday, February 26, 2020



  18. Alexandre Oliva: Courage is Contagious

    Having a proposal rejected at a conference is nothing unusual, but the surrounding circumstances and the conflicting versions are.



  19. Links 26/2/2020: Cosmo Communicator 2-in-1, FSF Outlines Plans for Code Hosting

    Links for the day



  20. Reminder: At Linux Foundation in 2020 Three Board Members, Including the Vice Chair and Director at Large, Are Current or Past Microsoft Employees

    Sometimes the facts speak for themselves (or pictures speak louder than words)



  21. IRC Proceedings: Tuesday, February 25, 2020

    IRC logs for Tuesday, February 25, 2020



  22. Links 25/2/2020: MakuluLinux LinDoz and Manjaro 19.0 Released

    Links for the day



  23. FSF's Interim Co-President Alexandre Oliva on FSF Communication Policies

    Surely I, being acting president and then half-acting president, must suck as a manager. I probably do indeed, but it's not so simple.



  24. The EU's EUIPO Will Later Today Help the EPO (Run by EUIPO's Former Chief) Promote Illegal Software Patents

    Propaganda terms such as "intellectual property rights" and meaningless concepts like "technical effect" are being used to promote so-called 'computer-implemented inventions' (software patents by another name)



  25. Growing Acceptance That There's No Future to the UPC System and the Unitary Patent

    There are growing pains and more signs that even key elements of Team UPC move on, accepting the demise of the UPC



  26. Emulating the Linux Foundation's Business Model (Selling Influence)

    LibrePlanet sponsors are presented with benefits of offering money to the event (or to the FSF)



  27. Guest Article: LibrePlanet Attendees Should Demand a Partial Refund

    What we do know is — that the FSF is no longer “Free as in Speech!”



  28. IRC Proceedings: Monday, February 24, 2020

    IRC logs for Monday, February 24, 2020



  29. An FSF That Rejects Its Founder Would Not Remain FSF As We Once Knew It

    It's important to keep the FSF focused on its goals; that won't be achieved by expelling those who insist on these goals



  30. Links 24/2/2020: Linux 5.6 RC3, Netrunner 20.01, Google Summer of Code 2020 Mentoring Organisations Announced

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts