Patent Owners Fear Merrick Garland Is Deferential To A Fault

There is little on the record about how Merrick Garland, President Obama’s nominee to fill the Supreme Court vacancy, approaches intellectual property and patent legal issues, but he has a history of siding with agencies and the government generally. That should concern patent owners, Gene Quinn and Steve Brachmann write in IP Watchdog, as the USPTO “has run amok.” “Given the fact that the [inter partes review] and [covered business method] processes at the PTAB have been worrisome (to say the least) for patent owners, the possibility that Merrick Garland would continue his longstanding deference toward federal agencies should cause at least some concern and lead to serious questions if and when he ever does receive a confirmation hearing.”