Fed. Circ. Sides With PTAB On Substance ... And Style

Law360, New York (July 13, 2015, 8:55 PM EDT) -- In its America Invents Act review decisions to date, the Federal Circuit has shown considerable deference to the Patent Trial and Appeal Board, mostly upholding the board's validity determinations, endorsing its claim construction rule and barring appellate review of many issues. Companies seeking to overturn a PTAB ruling therefore face a tough task, attorneys say.

The Federal Circuit's findings that most PTAB decisions invalidating patents are correct, including numerous summary affirmances without an opinion, are the result of the Federal Circuit's application of a legal standard that makes decisions by administrative agencies difficult to reverse on appeal, said Jon E. Wright...

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