April 17, 2017

Federal Circuit Allows Patent Trial and Appeal Board to Rely on Prior Art of Non-Instituted Grounds in Final Written Decision

In a precedential decision issued Wednesday, April 12, 2017, the Federal Circuit addressed whether, at least in certain circumstances, the Patent Trial and Appeal Board may rely on prior art of non-instituted grounds in final written decisions of inter partes review proceedings. Affirming the Board's determination of unpatentability in two consolidated inter partes review proceedings, […]
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