GE Tells Justices Limits On PTAB Appeals Flout Precedent

Law360 (February 14, 2020, 8:23 PM EST) -- General Electric has urged the U.S. Supreme Court to strike down the Federal Circuit’s limits on appeals of Patent Trial and Appeal Board decisions upholding patents, saying a rule that only those at risk of infringing are able to appeal “cannot be squared” with precedent.

In a Wednesday cert petition, GE told the justices that a July decision by the Federal Circuit set “rigid rules” for standing that wrongly blocked the company from appealing after its unsuccessful attempt to invalidate rival United Technologies’ jet engine patent in an inter partes review.

The high court and other circuits have held that government...

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