USPTO Tells Fed. Circ. It Has Power To Defend PTAB Rulings

Law360, New York (July 31, 2017, 5:57 PM EDT) -- The U.S. Patent and Trademark Office told the Federal Circuit on Monday that it has authority to intervene in appeals to defend Patent Trial and Appeal Board decisions when one party departs the case, arguing that holding otherwise would have “significant and far-reaching ramifications.”

The appeals court last month raised of its own accord the question of whether the USPTO has standing to intervene to defend PTAB rulings when no other party will do so. In a brief filed in response, the agency said that it...
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