How To Appeal PTAB Decisions Successfully To Fed. Circ.

Law360 (June 22, 2020, 6:24 PM EDT) -- Currently, the largest portion of the U.S. Court of Appeals for the Federal Circuit's docket comes from appeals of Patent Trial and Appeal Board decisions — as of May 31, 37% of pending appeals originated from the U.S. Patent and Trademark Office.[1]

Because the PTAB's practices, especially related to inter partes reviews, continue to change and evolve, appeals of PTAB decisions frequently raise not only traditional issues of patent validity, but also novel questions regarding the PTAB's governing statute and practice.

While historically a relatively high percentage of PTAB decisions have been affirmed, those decisions, along with Federal Circuit decisions reversing...

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