The American system of justice is built upon transparency. Transparency is mandatory for there to be a truly fair, balanced, open, honest and equal system where no party has a real or perceived advantage over the other… If the PTAB is going to operate without even a modicum of transparency there is no reason why spoliation of evidence presumptions should not apply to their unexplained actions. The most egregious and nefarious inference should be drawn given the history of this overreaching tribunal. After all, even the Supreme Court has noticed what they have referred to as the “shenanigans” of the Board.
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