Full Fed. Circ. May Clear Way For More AIA Review Appeals

By Ryan Davis (May 1, 2017, 7:20 PM EDT) -- The full Federal Circuit will hear arguments Thursday in a case that could open the door for appeals of Patent Trial and Appeal Board decisions instituting inter partes reviews, a move that attorneys say would add new complications to the popular system for challenging patents.

The case, involving the PTAB's invalidation of a Wi-Fi One LLC messaging patent, specifically addresses whether the board's decisions that an America Invents Act review petition is timely are subject to appeal. If the en banc court rules that they are, it will not only spur appeals on that issue but also litigation about whether other...

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