Issue: 2022 Vol. 43 No. 2

The Appointments Clause and the Unreviewable Executive Power of Administrative Patent Judges

I. Introduction In 2011, Congress enacted the Leah-Smith American Invents Act (AIA), which created proceedings called inter partes review (IPR) permitting reexamination of already issued patents based on novelty and obviousness.1. The proceedings are conducted by the Patent Trial and Appeal Board (PTAB), an executive adjudicatory body that is the part of the Patent and Trademark Office (PTO). … Continued

A Few Tips on Cross-Examination

“An astute lawyer approaches trial preparation strategically and meticulously leaving nothing to chance.”—Louis Nizer, New York City trial lawyer Back in the day, a young associate came to me after losing a case at trial and asked how she could improve her cross-examination. She went on to state: “I followed every rule of cross-examination: “I asked only … Continued