Analysis

Fed. Circ. Pushing For More Clarity In PTAB Decisions

Law360, New York (January 11, 2017, 9:23 PM EST) -- The Federal Circuit in recent months has come down on the Patent Trial and Appeal Board for not better explaining its reasoning when deciding whether a patent is valid, something attorneys say is indicative of the appellate court's increased focus on understanding what goes into the board's decisions.

By and large, it is unusual for the Federal Circuit to reverse or vacate PTAB decisions, but over the past year, the court has increasingly demonstrated a willingness to send cases back to the board and ask for a more thorough analysis.

Not yet 5 years old, the PTAB is still relatively new....

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