How Fed. Circ. May Defer To PTAB In Facebook Case

Law360 (November 8, 2019, 2:13 PM EST) -- Currently pending before the U.S. Court of Appeals for the Federal Circuit is Facebook Inc. v. Windy City Innovations LLC, a cross-appeal of six separate inter partes reviews filed against four patents directed to internet chat room technology.[1]

Central to the appeal is the question of whether the Federal Circuit should provide deference under Chevron USA Inc. v. Natural Resources Defense Council Inc. to the Patent Trial and Appeal Board’s precedential decisions. This question has been answered differently not only by the parties but by the amici curiae, which includes the U.S. Patent and Trademark Office.

The issues raised by the...

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