PTAB Wasn't Supposed To Ax Valspar Patents, Fed. Circ. Says

Law360 (September 10, 2019, 8:51 PM EDT) -- The Federal Circuit on Monday vacated a Patent Trial and Appeal Board decision invalidating two Valspar coating patents in a reexamination, saying the board didn't recognize that an earlier decision by the appeals court mooted the case.

The PTAB reversed an examiner's invalidation of the patents, which were challenged by PPG Industries Inc., but the Federal Circuit held in 2017 that PPG's appeal was mooted by Valspar's promise not to sue it. The board then reinstated the examiner's invalidation of the patents, but the Federal Circuit on Monday called that "an inequitable result" that it didn't intend.

"The ordered vacatur was...

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