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Courts Shed Light on the Scope of Federal Court Review of Patent Office Decisions Initiating AIA Patent Challenges

The AIA provides that the PTAB's initial decision on whether to institute proceedings "shall be final and nonappealable." But the precise meaning of this provision has already been disputed. Recent decisions have begun to shed light on the scope of review federal courts have on a PTAB initial determination.

9 minute read September 01, 2014 at 01:45 PM
By
Jose C. Villarreal And Joel C. Boehm
Courts Shed Light on the Scope of Federal Court Review of Patent Office Decisions Initiating AIA Patent Challenges

Effective September 2012, the Leahy-Smith America Invents Act (AIA) established new ways to challenge the validity of a patent before the United States Patent and Trademark Office (PTO). Pub. L. No. 112-29, 125 Stat. 284 (2011).

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

October 01, 2026