Overview
(May 5, 2025) The Merit Systems Protection Board (MSPB) ruled in favor of Steptoe client, Patent Trial and Appeal Board (PTAB) Judge Michael Fitzpatrick, awarding over $125,000 to compensate for retaliation he experienced after speaking out about misconduct at the US Patent and Trademark Office (USPTO). The Steptoe team representing Judge Fitzpatrick included partners John Abramic, Robert Kappers, and Christopher A. Suarez. Further details of the matter can be found here. The award decision was featured in Law360, IAM and Bloomberg Law.
Law360 spoke to John Abramic about the case in an article titled, "Whistleblowing PTAB Judge Wins $125K, MSPB Finds." Speaking on the ruling, which entitles Judge Fitzpatrick to one of the MSPB's largest damages awards in the past decade, Abramic stated: "The damages are a reflection of the serious harm caused by the PTO's improper punishment of Judge Fitzpatrick, and by its continued assertions of false performance deficiencies that were intended to cover up its own wrongful conduct."
IAM also covered the case involving Judge Fitzpatrick in an article titled, "PTAB Panel-stacking Whistleblower Wins $125k for USPTO's Retaliation." The article discusses the USPTO internally denying wrongdoing, despite the MSPB ruling in favor of Judge Fitzpatrick. Robert Kappers spoke on Judge Fitzpatrick's courage, saying, "He spoke out against his management and his employers, and he stood up for what he believed was right. But what shouldn't get lost with this damages award is that the patent office still hasn't acknowledged that they had done any wrong in this case."
The Bloomberg Law article discussing the ruling is titled, "Patent Judge Wins $125,000 in Whistleblower Retaliation Case." This piece discusses the compensatory and consequential damages awarded to Judge Fitzpatrick after he raised concerns about agency officials interfering in a Nike Inc. and Adidas AG patent dispute decision.
Full coverage can be read at Law360, IAM, and Bloomberg Law (subscription may be required).
