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Federal Law360

WEB Vidal Cant Be Used Against Ex-Client At PTAB

Federal Law360

August 9, 2024 8:21 PM EDT -- The Federal

The Federal Circuit affirmed the judgment of the United States Patent and Trademark Office PTO denying the disqualification of Director Vidal in an inter partes review proceeding.

Vidal, the former chief administrative patent judge at the PTAB, represented the patent owner in the underlying district court case, but did not participate in or supervise the PTAB proceeding.

The Federal Circuit held that the district court did not abuse its discretion in denying the motion to disqualify Vidal, finding that there was no evidence that she had an actual conflict of interest.

The court also found that the public's interest in the efficient and fair administration of justice outweighed any potential for prejudice to the petitioner.


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