{"id":8994,"date":"2017-06-07T15:31:41","date_gmt":"2017-06-07T21:31:41","guid":{"rendered":"http:\/\/www.717madisonplace.com\/?p=8994"},"modified":"2017-06-07T15:31:41","modified_gmt":"2017-06-07T21:31:41","slug":"former-acting-chief-judge-of-ptab-to-argue-nidec-v-zhongshan","status":"publish","type":"post","link":"https:\/\/www.717madisonplace.com\/?p=8994","title":{"rendered":"Former acting chief judge of PTAB to argue Nidec v. Zhongshan"},"content":{"rendered":"<p>One of the interesting twists in tomorrow&#8217;s oral argument of\u00a0<span><span style=\"text-decoration: underline;\">Nidec Motor Corporation v. Zhongshan Broad Ocean Motor Co.<\/span> is that Nathan Kelley, the USPTO Solicitor, has entered a notice to argue the case on behalf of the USPTO. \u00a0If I am not mistaken, Mr. Kelley was serving as the interim Chief Judge of the PTAB at the time the enlarged panel was ordered. \u00a0So, this is a very rare instance, or perhaps totally unprecedented, where the Federal Circuit will be able to ask questions directly of the administrative official who ordered an enlarged Board panel.<\/span><\/p>\n<p><span>I suppose some questions that might come up are:<\/span><\/p>\n<p><span>1) \u00a0Why was the original panel enlarged?<\/span><\/p>\n<p><span>2) Did the Commissioner order the enlarged panel and how were those instructions communicated?<\/span><\/p>\n<p><span>3) How were the additional judges selected? \u00a0What criteria was used to select the additional judges?<\/span><\/p>\n<p><span>4) Has a vote ever been taken among the PTAB judges as a whole as to whether a self-joinder decision of the \u00a0PTAB should be made precedential and what was the outcome of that vote?<\/span><\/p>\n<p><span>5) \u00a0Did Colonel Jessup order the code red . . . . wait, we already know the answer to that one.<\/span><\/p>\n<p><span>6) \u00a0Is the appellant correct that the decision of In re Alappat, while abrogated in part on other grounds, does not sanction the use of stacked panels?<\/span><\/p>\n<p><span>7) \u00a0Why isn&#8217;t notice and comment rule making a better vehicle for achieving the Commissioner&#8217;s policy, especially with the option of Commissioner directed reexamination still available for an unjoined argument in this case?<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>One of the interesting twists in tomorrow&#8217;s oral argument of\u00a0Nidec Motor Corporation v. Zhongshan Broad Ocean Motor Co. is that Nathan Kelley, the USPTO Solicitor, has entered a notice to argue the case on behalf of the USPTO. \u00a0If I am not mistaken, Mr. Kelley was serving as the interim Chief Judge of the PTAB [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/8994"}],"collection":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8994"}],"version-history":[{"count":4,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/8994\/revisions"}],"predecessor-version":[{"id":8998,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/8994\/revisions\/8998"}],"wp:attachment":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8994"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8994"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8994"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}