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

Over 3 Months Later Brett Wilson LLP Still Unable to Recruit a Media Lawyer?
"Immediate start", but not found... still unfilled
Microsoft is Trying to "Pull a Nokia" on GNU/Linux as Desktop/Laptop Platform
We all remember that rather well, don't we?
Our Three Lawsuits Against Microsofters Are About to Become a Lot More Relevant to GNU/Linux
The Master will easily understand why Garrett has been attacking me since 2012
Slop Is Not Intelligence and It Does Not Enhance Productivity
Like voice dictation, which cannot tell the difference between "sheet" and "shit"
 
Microsoft, Microsofters and 'Secure' Boot Shills Already Storming the LWN Report About Expiring Certificate, Shooting the Messenger
LWN has clearly stuck a nerve
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 23, 2025
IRC logs for Wednesday, July 23, 2025
Disable "Secure" Boot Today (the Only Better Time to Do So Was Yesterday)
Don't trust anything Red Hat tells you about security
Links 23/07/2025: Windows Killed Company After 150+ Years, US Government Mimics Russia's Attacks on the Media
Links for the day
Freedom Generally Wins at the End, History Shows (But It's Constantly Attacked, Too)
At the moment people realise "Linux" (e.g. Android) isn't enough to guarantee any freedoms
“Inhumane” and “Disgusting” Mass Layoff Execution, According to Microsoft Staff
The workers are looking for other places to work
Misinformation is Not Intelligence
It's low-grade plagiarism and it fails to show any signs of intelligence
The Free Software Foundation (FSF) Has a New Slogan for Its 40th Anniversary
The freedoms are what's most important
LLM Slopfarms gbhackers.com, "Cyber Press" and CyberSecurityNews Are Drowning Google News (and Shame on Google for Feeding and Facilitating Them)
All are run by the same people
Links 23/07/2025: Droplets GUI Patent Monopoly Challenge, Nokia Leverages Illegal Patent Court Against Rivals
Links for the day
Gemini Links 23/07/2025: Community in Geminispace and Challenges With Old Computers
Links for the day
Links 23/07/2025: Slop Patents Tackled, Slop Copyright Misuses Tackled by Politicians
Links for the day
Links 23/07/2025: Retreating From Transparency on Jeffrey Epstein, We No Longer Have Press Freedom
Links for the day
Gemini Links 23/07/2025: Piano and Food
Links for the day
New and Old
On Ageism in Tech
EPO Crimes Are Spreading to the British Court System
Society is now paying the price for failing to tackle crimes at the EPO
It's Time to Dump SharePoint and Here's What to Use Instead
Nextcloud, ownCloud, Bookstack, MediaWiki, and MediaGoblin
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 22, 2025
IRC logs for Tuesday, July 22, 2025
Brett Wilson LLP Has Gone Silent
Sometimes silence says more than nothing at all
Slopwatch: LinuxSecurity, Planet Ubuntu, and LinuxTechLab
some slopfarms show no remorse and they don't value their reputation at all
Links 23/07/2025: Book Bans, Storms, and Kangaroo Court for Patents Commits More Unlawful Acts of Overreach
Links for the day
Gemini Links 22/07/2025: Thinkpad and Pinephone
Links for the day
Links 22/07/2025: "Blog Restart" and Microsoft Clobbered by “ToolShell"
Links for the day
Global Warming and Global GAFAM Energy-Wasting
Burn more money (borrowed, loans), then hope the waste will somehow translate into profit?
No Compliance With the European Patent Convention (EPC) at the European Patent Office (EPO)
It's about preventing competition against this autocracy
Blue-Collar Trolls vs White-Collar Trolls
Examples of white-collar trolls
Apple Vision Pro Failed So Badly That Its Sales Are About 2,000 Times Smaller Than iPhone Sales
What's left for Apple to offer other than hype?
To Millions of People "Year of the Linux Desktop" Was Some Time in the 1990s (Bootable GNU/Linux as a Complete Operating System is Over 33 in Age)
In some sense, "year of the Linux desktop" was 33 years ago
Make No Assumptions (or Demands) About the Screen Resolution Used by Other People
There are usability aspects, aside from accessibility aspects
Why Wayland (and XWayland) Won't Solve the Key Problem It Proclaims to be Tackling (the Same Is True for Rust)
The problem isn't Wayland per se but the false promises and efforts to force everybody to move to it whilst insulting or demonising everyone who won't play along
They Don't Tell Us that 'Digitalisation' (Now Sold as "Hey Hi") Just Means Customers Become Unpaid Staff and Are Made Accountable
People are being conditioned to associate technology with something undesirable, at times even unbearable
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day