Overview
On May 5, 2023, Steptoe client, Judge Michael Fitzpatrick, was vindicated by the Merit Systems Protection Board (MSPB) on his claim for improper reassignment as an Administrative Patent Judge of the Patent Trial and Appeal Board (PTAB). The MSBP agreed that the PTAB retaliated against Judge Fitzpatrick following his protected whistleblower disclosures. The Steptoe team representing Judge Fitzpatrick included John Abramic, Robert Kappers, and Christopher A. Suarez. Further details of the matter can be found here. The case was featured in Bloomberg Law, IAM, Law360, and Reuters.
Bloomberg Law spoke to John Abramic in a piece discussing the matter titled, "Patent Judge Whistleblower Case Fuels Criticism of Agency Ethics." The article discusses the MSPB ruling and a Government Accountability Office (GAO) report, released last year that found a majority of patent judges believe that PTAB management can influence decisions at the Patent and Trademark Office (PTO). Speaking about the report and Judge Fitzpatrick, Abramic said: "… issues identified in the GAO report might run much deeper. The PTO response to the GAO report leaves the impression that the PTO has already addressed or is at least well on its way to addressing the concerns raised by the report. But Judge Fitzpatrick's case raises serious questions as to how that can be true in light of what happened to him."
IAM released two articles regarding the MSPB ruling, quoting John Abramic in both pieces. In, “PTAB judge wins appeal in whistleblowing case raising explosive panel-stacking allegations,” Abramic said: “Judge Fitzpatrick has been vindicated. He had the integrity and courage to stand up to what he felt was right, despite the real risk of unfair punishment.” In another article, “Solicitor general apologises for omission to US Supreme Court, blames PTAB misinformation,” Abramic commented: “[I]t is remarkable that the solicitor general has acknowledged that the panel expansion (and its later reduction) was significant enough that the Supreme Court should vacate and remand the case. It completely backs up the notion that Judge Fitzpatrick’s views on his whistleblowing disclosures had merit on both counts.”
Law360 also covered the case involving Judge Fitzpatrick, "Whistleblower Ruling Stirs USPTO Transparency Concerns." The article discusses the events leading up to the case which resulted in the ruling ordering the PTO to return Administrative Patent Judge Fitzpatrick to his docket of AIA trials. Prior to coming forward, Judge Fitzpatrick was removed from his AIA trial duties on a number of allegations. Abramic called the allegations: "contrived attacks on his character and performance as a judge."
Reuters was the first publication to feature the case in an article titled, “US Patent Office retaliated against whistleblowing judge, panel rules." The piece discusses the ruling in favor of Judge Fitzpatrick, along with the GAO report. Abramic was quoted saying that the report is the, "tip of the iceberg," and "raises serious questions"” about how the PTO responded to it.
Full coverage can be read at Bloomberg Law, IAM (here and here) Law360, and Reuters (subscription may be required).
