Fed. Circ. Wants USPTO's Take On Precedent Panel Deference

Law360 (August 13, 2019, 7:12 PM EDT) -- The Federal Circuit has asked U.S. Patent and Trademark Office head Andrei Iancu to weigh in on how much deference his newly formed Precedential Opinion Panel should be given.

The appeals court on Monday asked Iancu to describe what deference he thinks the POP should be given, particularly as it applies to the panel’s March decision that Patent Trial and Appeal Board petitioners could add new issues to proceedings by joining their own petitions.

The Federal Circuit is in the process of determining whether Facebook Inc. should have been allowed to join itself on a petition filed with the USPTO challenging...

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