Overview
(May 5, 2025, Washington, DC) – Steptoe client, Judge Michael Fitzpatrick, received a $125,000 award at the Merit Systems Protection Board (MSPB), one of the largest damages awards granted by the MSPB in the last decade. The award comes after Judge Fitzpatrick was previously vindicated by the MSPB on his claim for improper reassignment as an Administrative Patent Judge of the Patent Trial and Appeal Board (PTAB). The MSPB found that the PTAB wrongfully retaliated against Judge Fitzpatrick following his protected whistleblower disclosures.
In 2018, Judge Fitzpatrick was removed from his trials docket by PTAB management after making whistleblower disclosures. He filed an action with the MSPB to reverse the decision. On May 5, 2023, after a full hearing, Judge Andrew Niedrick found that Judge Fitzpatrick's disclosures about secret panel expansion and inaccurate statements to the Supreme Court were protected disclosures. Judge Niedrick concluded that Judge Fitzpatrick reasonably believed PTAB management violated the law and that his removal, which was based on contrived performance deficiencies, was improper retaliation designed to prevent exposure of management’s practices. The MSPB ordered Judge Fitzpatrick's reinstatement to his previous role. On April 28, 2025 the MSPB awarded Judge Fitzpatrick $125,000 in damages for loss of job satisfaction and reputational harm caused by the PTAB’s improper punishment and assertion of contrived performance deficiencies.
The Steptoe team representing Judge Fitzpatrick included John Abramic, Robert Kappers, and Christopher A. Suarez.
About Steptoe
In more than 110 years of practice, Steptoe has earned an international reputation for vigorous representation of clients before governmental agencies, successful advocacy in litigation and arbitration, and creative and practical advice in structuring business transactions. Steptoe has more than 500 lawyers and other professional staff across offices in Beijing, Brussels, Chicago, Hong Kong, Houston, London, Los Angeles, New York, San Francisco, and Washington. For more information, visit www.steptoe.com.
