Fed. Circ. Told Only It Can Hear Patent Interference Appeal

Law360, New York (January 22, 2015, 8:34 PM EST) -- Appeals of Patent Trial and Appeal Board interference decisions should only be heard in the Federal Circuit, not in district courts, under changes implemented by the America Invents Act, Garnet BioTherapeutics Inc. told the appeals court in an amicus brief Wednesday.

Garnet's brief supports an argument by the Japanese Foundation for Cancer Research and Bayer Pharma AG that a Massachusetts district judge correctly dismissed an appeal of an interference decision, filed in his court by Biogen Idec MA Inc., for lack of jurisdiction. The Federal Circuit will hear oral arguments March 4.

Appeals of interference decisions, in which the PTAB decides...

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