Washington, DC principal Blair Jacobs authored an article discussing a recent case in which plaintiff BE Technology attempted to apply the Bivens precedent to claims that the Patent Trial and Appeal Board is biased against independent inventors to the benefit of Big Tech. The Bivens precedent “permits plaintiffs to obtain damages from government officials under very limited circumstances,” but was wrongfully applied in this instance, according to Judge Jon McCalla in granting defendants’ motion to dismiss, because “the plaintiffs were able to appeal to the Federal Circuit, and that appeal properly doomed the plaintiff’s claims as a matter of law.” Read Blair’s article here.


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