AIPLA Files Brief In Support of Neither Party Regarding Order Setting Schedule for Director Review
Arlington, VA. August 4, 2022 - The American Intellectual Property Law Association (AIPLA) filed an amicus brief in the two PTAB cases of OpenSky Industries, LLC, Patent Quality Assurance, LLC, and Intel Corporation v. VLSI Technology LLC, which USPTO Director Vidal has taken up to address what actions the USPTO Director should take when faced with assertions of an abuse of process or conduct that otherwise thwarts, as opposed to advances, the goals of the Office and/or the AIA. AIPLA’s brief argues that the review procedures implemented in these proceedings are adequate to address the rare instances of alleged abuse of process or alleged conduct contrary to the goals of the Office and/or the AIA.
In particular, the Director is in the best position to weigh the policy goals of the Office and the AIA and to determine whether conduct should be deterred or eliminated through sanctions imposed in a pending proceeding. The brief urges caution in the adoption of policies and procedures for the review of such alleged conduct and proposes procedures through which the Board can assist the Director by identifying cases in which a threshold showing of bad-faith conduct has been made. Lastly, the brief encourages the Director to apply existing rules relating to sanctionable conduct and the remedies that may be imposed when the Director decides conduct is sanctionable.
Therefore, AIPLA respectfully submits that the review and enforcement procedures currently employed by the Office are adequate to dissuade and remedy rare instances of abuse of process.