Analysis

En Banc Fed. Circ. Time-Bar Case May Increase AIA Appeals

Law360, New York (January 5, 2017, 5:17 PM EST) -- By agreeing Wednesday to consider whether Patent Trial and Appeal Board decisions that an America Invents Act petition is timely can be appealed, the full Federal Circuit could give patent owners new ways to challenge adverse decisions and increase appellate oversight of the board.

The appeals court has previously said a PTAB ruling that an inter partes review petition is not time-barred can’t be appealed because it is part of the board’s decision to institute review of a patent, which the AIA states is not appealable. But a recent U.S. Supreme Court decision prompted the court to reconsider that position en...

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