Squires Shakes Things Up at PTAB in First Director Review Grant

Sterne Kessler’s Jason Fitzsimmons, director in the Mechanical & Design Practice Group and a co-chair of the firm’s PTAB Practice, spoke to IAM about U.S. Patent and Trademark Office (USPTO) Director John Squires’ first director review grant.

Squires vacated a final written decision by the Patent Trial and Appeal Board (PTAB) and then terminated the proceeding, leaving the question of whether the decision is unreviewable.

Fitzsimmons informs that for a patent owner, a potentially unreviewable decision is not a complete win, as it could be partially offset by the fact that estoppel does not apply.

He states, “Even though the director agreed with the patent owner’s arguments, by expressly declaring this is not a final written decision, the patent owner may not end up with the typical peace of mind that comes from the estoppel provisions under Section 315(e).”