Analysis

PTAB, Courts' Differing Patent Takes Raise Fairness Questions

By Matthew Bultman (April 10, 2017, 3:25 PM EDT) -- The Federal Circuit has made clear that the Patent Trial and Appeal Board doesn't have to fall in line with district court decisions about whether a patent is valid, a stance some believe is unfair to patent owners and wastes time as the same issues are litigated multiple times.

The appeals court ruled Tuesday that the PTAB properly found several claims in two Novartis AG patents were invalid because they are obvious. This comes after the Federal Circuit in 2015 upheld a Delaware federal judge's decision that claims in the patents were not obvious.

At first glance, these holdings might seem...

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