In its first-ever ruling in an appeal from a final decision in an inter partes review (IPR) under the America Invents Act (AIA), the Federal Circuit, in a 2-1 decision, affirmed the Patent Trial and Appeal Board's (PTAB) rulemaking for conducting IPR proceedings.
Federal Circuit Refuses to Review the PTAB's Decision to Institute IPR
In its first-ever ruling in an appeal from a final decision in an <i>inter partes</i> review (IPR) under the America Invents Act, the Federal Circuit affirmed the PTAB's rulemaking for conducting IPR proceedings. The Federal Circuit's decision leaves in place IPR rules that increase the likelihood of invalidating patents and solidifies IPR as an attractive alternative to district court litigation.
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