Issues and Advocacy

Not every dispute that affects you involves you. And not every issue that affects you arises in a case that you’re litigating. But when you need to have your say on a dispute or an issue, turn to McNish PLLC’s Issues and Advocacy practice.

McNish PLLC can help you make your voice heard in two ways: administrative comments and amicus briefing.

Administrative Comments

Regulations govern practice before the United States Patent and Trademark Office, including the Patent Trial and Appeal Board. Before issuing new regulations or changing existing regulations, the USPTO must provide the public with notice and an opportunity to comment on and shape those regulations. The USPTO must consider those comments when they are relevant, and it must respond to those comments when they are significant. When a proposed USPTO regulation would affect you or your business, McNish PLLC can work with you to craft and submit comments for maximum relevance and significance.

Representative Administrative Comments

Comments on Northern New England Community Outreach Office

Prepared McNish PLLC’s comments advocating Brunswick, Maine for the USPTO’s forthcoming Northern New England Community Outreach Office in response to the USPTO’s Request for Comments on Southeast Regional Office and Community Outreach Office Locations.

Comments on ANPRM for Changes Under Consideration to Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings Before the Patent Trial and Appeal Board

Contributed to the PTAB Bar Association’s comments responding to the USPTO’s Advanced Notice of Proposed Rulemaking for Changes Under Consideration to Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings Before the Patent Trial and Appeal Board.

Comments on Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights

Contributed to the PTAB Bar Association’s comments responding to the USPTO’s Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights.

Individual Comments on Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights

Contributed to comments on behalf of certain PTAB practitioners responding to the USPTO’s Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights.

Amicus Briefing

When a case involves a significant and wide-reaching issue, outside parties may have an opportunity to submit an amicus brief about how a decision on the issue would affect them. Amicus briefs are a common sight in matters before the Supreme Court, and the Federal Circuit and PTAB can also present opportunities to submit amicus briefs. With ears to the ground for cases that involve important patent issues, McNish PLLC can represent your interests through amicus briefing at the Supreme Court, Federal Circuit, and Patent Trial and Appeal Board.

Representative Amicus Briefing*

Supreme Court Amicus Briefing on Retroactivity

Contributed to Supreme Court amicus brief on retroactively applying the America Invents Act’s inter partes review statutes.

Federal Circuit Amicus Brief on Damages

Prepared Federal Circuit amicus brief on patent damages and apportionment.

* Includes experience obtained at previous law firms.