PTAB Appeals Face Tough Road After Latest Fed. Circ. Ruling

Law360, New York (September 27, 2016, 6:34 PM EDT) -- By throwing out an appeal arguing that the Patent Trial and Appeal Board wrongly allowed an inter partes review of a patent, the Federal Circuit has emphasized again that it will rarely hear such appeals while opening the door to validity challenges that are barred in district court.

The U.S. Supreme Court held earlier this year in a decision known as Cuozzo that while most PTAB decisions instituting reviews of patents under the America Invents Act can't be appealed, there may be exceptions in rare cases. In a decision Friday, the Federal Circuit sought to delineate when such appeals are allowed...

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