Mr. Boundy has a record of success in challenging agency action, a record with no parallel among the patent bar.
Challenges to agency rulemaking. Mr. Boundy led the teams that obtained a directive from the Office of Management and Budget, in the Executive Office of the President, directing the Patent Office in December 2007 and January 2008 to withdraw the Continuations, 5/25 Claims, IDS, and Appeal rules.
Judicial review of Patent Office decisions on the merits. Mr. Boundy consults to law firms in cases before the Patent Trial and Appeal Board, and in Federal Circuit review of PTAB decisions--decisions of the PTAB often have procedural errors easily reversible under the Administrative Procedure Act, Paperwork Reduction Act, and similar administrative laws.
Judicial review of Patent Office procedures. Mr. Boundy consults to trial counsel in judicial review of agency action under the Administrative Procedure Act (consulted to prevailing parties in Tafas v. Dudas and several other district court reviews of agency action)
Rulemaking. Mr. Boundy's letters during Notice-and-Comment periods under the Administrative Procedure Act, and during Information Collection Reviews under the Paperwork Reduction Act have resulted in quashing some regulations entirely, and in significantly changing others.
Papers on administrative law:
Challenges to agency rulemaking. Mr. Boundy led the teams that obtained a directive from the Office of Management and Budget, in the Executive Office of the President, directing the Patent Office in December 2007 and January 2008 to withdraw the Continuations, 5/25 Claims, IDS, and Appeal rules.
- The success of Mr. Boundy's teams was recognized as the #2 patent news story of 2008 by the PatentDocs blog.
- When the PTO announced that the Appeal regulations would not go into effect, Prof. Wegner wrote to his email list "what is not generally known is that David Boundy is the hero. Against very, very long odds, he quarterbacked a group effort at the OMB that ended in the blockage of this very, very unfortunate rulemaking."
- Mr. Boundy consulted to the Tafas team in Tafas v. Dudas at both the trial court level and at the Federal Circuit, to ensure that the trial court's favorable decision remained intact without vacatur, and to obtain attorney fees under the Equal Access to Justice Act.
Judicial review of Patent Office decisions on the merits. Mr. Boundy consults to law firms in cases before the Patent Trial and Appeal Board, and in Federal Circuit review of PTAB decisions--decisions of the PTAB often have procedural errors easily reversible under the Administrative Procedure Act, Paperwork Reduction Act, and similar administrative laws.
Judicial review of Patent Office procedures. Mr. Boundy consults to trial counsel in judicial review of agency action under the Administrative Procedure Act (consulted to prevailing parties in Tafas v. Dudas and several other district court reviews of agency action)
Rulemaking. Mr. Boundy's letters during Notice-and-Comment periods under the Administrative Procedure Act, and during Information Collection Reviews under the Paperwork Reduction Act have resulted in quashing some regulations entirely, and in significantly changing others.
Papers on administrative law:
- David Boundy, Why Administrative Law Matters to Patent Attorneys--In re Cuozzo Speed Technologies LLC, Patently-O, February 2015
