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Expert Analysis

A Tale Of 2 Fed. Circ. Inter Partes Review Affirmances

By Jason Keener (August 11, 2017, 1:36 PM EDT) -- It is rare that the Patent Trial and Appeal institutes an inter partes review but then issues a final written decision finding all the subject claims not invalid. Since the inter partes review process began, such a resolution has happened in less than 20 percent of final written decisions issued by the PTAB. However, recently, the Federal Circuit affirmed two such final written decisions. While these two decisions involved the same parties and the same panel of judges (Judges Timothy Dyk, Jimmie Reyna and Richard Taranto), different technologies were at issue and the reasons for the affirmances tell different tales....

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