Fed. Circ. Reversal To Help Patent Owners In PTAB Appeals

Law360, New York (July 28, 2016, 8:44 PM EDT) -- A Federal Circuit decision reversing the Patent Trial and Appeal Board’s invalidation of a patent shows how PTAB rulings can be overturned by targeting flaws in the institution decision, and provides a “ray of sunshine” for patent owners appealing the board’s decisions, attorneys say.

The appeals court ruled Monday that the PTAB's decision to invalidate Magnum Oil Tools International Ltd.'s patent on fracking technology failed to articulate a sufficient rationale for why the patent was obvious.

The court noted that the board's final decision relied in part on statements made in its decision to institute review of the patent and held...

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