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Articles

PTAB Misconduct Rule Won't Deter Hedge Fund Attacks

September 2, 2015

Articles

PTAB Misconduct Rule Won't Deter Hedge Fund Attacks

September 2, 2015

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Principal Dorothy Whelan was quoted in Law360′s article “PTAB Misconduct Rule Won’t Deter Hedge Fund Attacks” on September 1, 2015 in regard to the latest rule package for America Invents Act reviews, which would arm the PTAB with the ability to sanction attorneys.

“The proposed rule requires attorneys to perform a policing function on their clients … and I think if you’re a reputable attorney, it will make you think twice about the purpose of a filing,” said Dorothy Whelan, a principal at Fish & Richardson PC. “By actually putting the onus on attorneys that when they sign papers, they are certifying a filing is not meant for an improper purpose, that’s putting some skin in the game for attorneys.”

Whelan said that a recent spate of filings by a coalition that has ties to hedge fund manager Kyle Bass has been one of the driving forces behind the proposed requirement.

“This rule is designed in part to address these abusive filings,” she said.

Read the full article here.


The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.
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