Fed. Circ. Says Same PTAB Panel Can Begin, End AIA Reviews

Law360, New York (January 13, 2016, 7:19 PM EST) -- The Federal Circuit gave its blessing Wednesday to the Patent Trial and Appeal Board's practice of having the same panel decide whether to institute an America Invents Act review and then make the final decision, rejecting a Johnson & Johnson unit's argument that the arrangement violates due process.

A three-judge panel addressed the issue in a 2-1 decision that affirmed the PTAB's finding in an AIA inter partes review that an Ethicon Endo-Surgery Inc. patent on a surgical device, challenged by Medtronic unit Covidien LP, is invalid as obvious.

Ethicon argued that the decision could not stand because, as the PTAB...

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