John Dragseth Quoted in Law360 Article, “Fed. Circ. Taking Harder Look At PTAB Appeals”
March 6, 2017
John Dragseth (Principal) was recently quoted in Law360 article, “Fed. Circ. Taking Harder Look At PTAB Appeals” on March 1, 2017.
“They’re getting used to the things the board does right and the things the board does wrong and deciding that they things they do wrong need correcting,” said John Dragseth of Fish & Richardson PC.
It also appears that litigants have been bringing more legal firepower to appeals from the PTAB, hiring attorneys who specialize in arguing at the Federal Circuit, rather than just those who handled the proceeding at the board, Dragseth said.
“Listening to oral arguments, it’s clear that parties are hiring better lawyers for appeals,” he said. “More sophisticated clients are deciding that they need someone who can frame a case for appeal.”
That includes presenting the argument as a legal issue rather than a fact issue, and explaining why the PTAB’s finding was fundamentally wrong and must be reversed, Dragseth said.
“Clients have seen bad results or gotten bad results themselves and decided that they need to be more sophisticated on appeal, because if the patent dies now, you’re not going anywhere,” he said.
To read the full article, please click here.