On January 24, 2018, the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board (“PTAB”), finding that 37 C.F.R. §...
Appellate Decisions
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Patent litigation often involves the intersection of practice before the PTAB and district courts. Not surprisingly then, the subject of...
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In Wi-Fi One, the Federal Circuit held en banc that time-bar determinations by the PTAB under § 315(b) are appealable and remanded...
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The Federal Circuit, as an appellate court, defers to the findings of the Patent and Trial Appeal Board (the “Board”). But that...
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Remands and reversals of the Board are relatively rare. Nonetheless, the Federal Circuit has vacated or reversed PTAB decisions every so...
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On September 26, 2017, in In re Smith International, Inc., the Federal Circuit reversed the PTAB’s decision affirming an examiner’s...
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In Ultratec, the Federal Circuit highlighted several problems with the Patent Trial and Appeal Board’s (“PTAB” or “Board”)...