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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.

22 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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