Bonum Certa Men Certa

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

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).

Recent Techrights' Posts

Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
 
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026