Mr. Doster is a graduate of Vanderbilt Law School where he was a Robert L. Sullivan Intellectual Property Law Scholar. With degrees in Physics from Florida State University and Michigan State University, he is also a Registered Patent Attorney. Mr. Doster is admitted to practice in Florida and Texas, and concentrates in Intellectual Property Litigation. Before practicing law, he worked as an Adjunct Professor of Physics at Gulf Coast State College and as a research assistant in Nuclear Physics at the National Superconducting Cyclotron Laboratory (NSCL) in East Lansing, Michigan.
On January 22, 2021, the U.S. Patent and Trademark Office published a Request for Information (RFI) that is an extension of a previous RFI issued in November 2020. The notice states the following:
The USPTO is undertaking a study of the extent to which patent or trademarks rights holders are experiencing infringement by state entities without adequate remedies under state law, and the extent to which such infringements appear to be based on intentional or reckless conduct.
All members of the public are welcome to submit comments. Instructions for how to submit comments through the Federal eRulemaking Portal can be found in the RFI, which is available at https://www.federalregister.gov/documents/2021/01/22/2021-01305/sovereign-immunity-study.
Note that all comments must be submitted on or before February 22, 2021.
Recent caselaw confirms that Federal Reserve Banks may petition the Patent Trial and Appeal Board (PTAB) to review a patent issued by the U.S. Patent and Trademark Office.
In January 2017, twelve Federal Reserve Banks filed two petitions to cancel two patents, owned by Bozeman Financial LLC, related to check verification systems aimed at reducing occurrences of check fraud. The PTAB invalidated both patents.
Last year, Bozeman Financial LLC appealed these rulings to the Federal Circuit and challenged the PTAB’s authority to decide the petitions, arguing that the Federal Reserve Banks are not "persons" under the America Invents Act (AIA).
In April 2020, the Federal Circuit ruled that the Federal Reserve Banks are "persons" who may petition for post-issuance review under the AIA. The Court stated that even though federal agencies are not “persons” able to seek post-issuance review of a patent, the Federal Reserve Banks are not federal agencies.
On January 11, 2021, the U.S. Supreme Court denied Bozeman’s petition to overturn the Federal Circuit’s ruling.
 See CBM2017-00035 ( https://developer.uspto.gov/ptab-web/#/search/documents?proceedingNumber=CBM2017-00035); CBM2017-036 ( https://developer.uspto.gov/ptab-web/#/search/documents?proceedingNumber=CBM2017-00036).
See Bozeman Financial LLC v. Federal Reserve Bank of Atlanta, 955 F.3d 971 (Fed. Cir. 2020).
See id. at 975-76.