Split Fed. Circ. Kills Appeal In Fight Over Gas Valve Patent

By Adam Lidgett (May 13, 2022, 7:17 PM EDT) -- A split Federal Circuit panel tossed an appeal by Atlanta Gas Light Co. of the Patent Trial and Appeal Board's termination of its challenge to a gas pressure valve patent on Friday, finding that the court didn't have the ability to hear the dispute.

The majority of the three-judge panel said it was dismissing Atlanta Gas' fight against a PTAB decision terminating the inter partes review proceeding that had questioned a Bennett Regulator Guards Inc. patent.

The majority held that it had no authority to review the decision because inter partes review institution decisions are not appealable, though it noted that...

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