Thursday, June 23, 2011

INTA and ABA Sections Comment on Proposed TTAB Involvement in Settlement Discussions

INTA and the IP and ADR Sections of the ABA have submitted their comments on the issue of the extent to which the TTAB "should become more directly involved in the settlement discussions of parties to inter partes proceedings."

INTA comments here: It is INTA's view that "TTAB participation in the settlement process should be limited to instances where there is a willingness by both parties to participate." It does not recommend "formal triggers that would create an affirmative obligation for the TTAB to take action."

ABA Sections
comments here: The two Sections support the Board's "present, limited involvement in settlement discussions" and are "not of the view that the Board needs to take a more active mandatory role." They recommend Board involvement only if the parties agree, if the Board participants are properly trained, and if the Board personnel are recused from making rulings in the case.

Text Copyright John L. Welch 2011.


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