by Dennis Crouch

In a significant ruling, the Merit Systems Protection Board (MSPB) granted corrective action to PTAB Administrative Patent Judge (APJ) Michael Fitzpatrick in his whistleblower retaliation case against the USPTO associated with his complaints about PTAB panel expansion (i.e., 'panel stacking').  The decision issued back in 2023, but has only just now been published following a settlement between Fitzpatrick and the USPTO.  This post will delve into the details of Fitzpatrick's claims, the MSPB's reasoning, and the implications of this decision for patent practitioners and the USPTO.