Will Fed. Circ. Consider The Competitor Standing Doctrine?
Law360 (December 18, 2018, 2:39 PM EST) -- Since America Invents Act post-grant review proceedings began in 2012, patent law has experienced fundamental changes. The Patent Trial and Appeal Board is, in many ways, the new center of the universe for patent law and policy. The PTAB’s decisions are increasingly becoming the primary operative law, with the U.S. Court of Appeals for the Federal Circuit having less influence. There are multiple reasons for this, including the substantial evidence standard of review for agency decision-making and the U.S. Supreme Court’s recent decisions.
One major hurdle to the Federal Circuit’s full participation in the development of patent law is Article III...
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