Justices Won't Stop PTAB From Overruling Trial Courts

Law360 (June 29, 2020, 1:56 PM EDT) -- The U.S. Supreme Court on Monday refused to review the Federal Circuit's rule that Patent Trial and Appeal Board decisions invalidating patents can override infringement judgments by district courts.

In its order list, the high court denied a petition for a writ of certiorari filed in March by Chrimar Systems Inc., in which it argued that the Federal Circuit is letting patent owners "use executive branch action to escape the consequences of final Article III judgments."

At issue was the legality of the so-called Fresenius/Simmons preclusion principle, based on a 2013 decision that held the cancellation of a patent in reexamination...

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