Some Fed. Circ. Guidance On Procedural Safeguards For PTAB

Law360, New York (June 30, 2016, 4:48 PM EDT) -- Joseph E. Palys

Naveen Modi Post-grant proceedings before the Patent Trial and Appeal Board often entail procedural battles over the proper scope of positions taken by the parties and the board. For example, patent owners often accuse petitioners of unfairly including new arguments in reply to the patent owner's response. Sometimes, parties even accuse the board of overstepping in its final written decision.

Shedding light on such issues are two recent Federal Circuit decisions regarding procedural safeguards in the Administrative Procedure Act: SAS Institute Inc. v. ComplementSoft LLC, No. 2015-1346, 2015-1347 (Fed. Cir. June 10, 2016) and Genzyme Therapeutic Products Ltd. v....

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