Fed. Circ. Criticism Trains Spotlight On PTAB Procedures

By Ryan Davis (August 24, 2017, 7:43 PM EDT) -- An unusual Federal Circuit opinion this week criticizing the Patent Trial and Appeal Board's procedures for joining petitions and convening expanded panels — without actually ruling on them — suggests the court could examine those practices later and indicates they may be on thin ice, attorneys say.

In an unsigned decision on Tuesday, the appeals court affirmed an inter partes review decision that an air conditioning patent is invalid. However, two judges filed a concurring opinion saying that they had "serious questions" about PTAB rules that allow companies join together separate petitions in order to evade requirements on when patent challenges...

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