Fed. Circ. Says Only Final AIA Decisions Are Appealable

Law360, New York (June 29, 2015, 4:19 PM EDT) -- The Federal Circuit has ruled again that the Patent Trial and Appeal Board's decisions to institute, deny or vacate America Invents Act reviews after they have been instituted cannot be appealed, saying it only has the authority to hear appeals of the PTAB's final decisions on patentability.

In a June 23 decision, the Federal Circuit dismissed an appeal by GEA Process Engineering Inc. challenging a PTAB ruling that terminated AIA inter partes reviews of five Steuben Foods Inc. food bottling patents. The PTAB instituted the reviews at GEA's request, but vacated its decision after concluding that GEA had not listed all...

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