2 Fed. Circ. Rulings Will Impact PTAB Appeals In 2014
Law360, New York (January 6, 2014, 12:05 PM EST) -- Historically, review of U.S. Patent and Trademark Office decisions by the Court of Appeals for the Federal Circuit has been relatively infrequent. That is, only a very small percentage of ex parte matters involving applicants/patent owners were pursued to the court in a given calendar year. Likewise, with the USPTO pendency for fully contested inter partes patent re-examinations spanning three to five years, only a small percentage of these proceedings were fully contested through to Federal Circuit appeal. However, due to the new patent challenge mechanisms of the America Invents Act, the heretofore historical trickle of USPTO appeals is now building into a surge that could soon dominate the Federal Circuit docket....
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