Dowd Scheffel Files Mandamus Petition Regarding PTAB Decision in Centripetal v. Cisco Case
Dowd Scheffel filed a mandamus petition seeking relief from the PTAB’s departure from basic norms of due process. Last June, one of the leading innovators in network security, Centripetal Networks, had a $2.75-billion patent infringement award reversed in the Federal Circuit. This ruling came after the Court found that the district court judge should have disqualified himself due to his wife having a stake in the defendant’s company. Later, during the IPR proceedings, it was revealed that one administrative patent judge led decisions adverse to Centripetal even though he owned up to $15,000 of stock of the accused infringer. Despite motions for recusal and vacatur, APJ McNamara continued his work on the panel.
The double standard in this matter is clear. The mandamus seeks to prevent this type of unfairness and prejudice in the PTAB process. The right to fair legal proceedings is the backbone of this country’s legal system. Fighting for this right should be celebrated and not snarled at, like what happened to Centripetal when their recusal argument was raised. The full petition can be found here: https://ipwatchdog.com/wp-content/uploads/2023/03/2-Centripetal-Mandamus-Pet-with-Appendix-2023-03-23.pdf. The mandamus petition was covered by the legal media here: https://ipwatchdog.com/2023/03/27/centripetal-files-mandamus-petition-following-ptabs-retaliatory-sanctions-questioning-apj-financial-interests/id=158337/