Administrative Law Is Influencing Fed. Circ. IPR Cases

Law360, New York (May 24, 2016, 11:49 AM EDT) -- Robert P. Parker

Daniel McCallum The America Invents Act created new administrative proceedings for challenging the validity of patents, including adversarial inter partes review proceedings. The popularity of these proceedings, and the corresponding increase in appeals to the Federal Circuit, has been well documented. The Federal Circuit has affirmed IPR decisions at a high rate. See, e.g., http://www.law360.com/articles/767549.

A review of Federal Circuit decisions in IPR cases shows that the court is reviewing IPR decisions using the standard tools of administrative law. The large number of Federal Circuit affirmances (including a large number of affirmances without opinion) reflects to a great...

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