USPTO Tells Fed. Circ. To Skip Cisco Fight Over PTAB Denials

Law360 (September 15, 2020, 9:08 PM EDT) -- The U.S. Patent and Trademark Office is backing an Israeli university's bid to nix Cisco's challenge of the Patent Trial and Appeal Board's denial of patent reviews when district court trials are looming, arguing that such decisions are shielded from Federal Circuit review.

The USPTO argued in a brief filed Monday that the appeals court shouldn't allow Cisco to skirt a legislative restraint in the America Invents Act that bars review of decisions denying inter partes review, because Congress clearly intended only for final decisions about patentability to be appealable.

"No one has a right to an instituted inter partes review...

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