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IP News

By Jeffrey S. Ginsberg and Sheng T. Li
February 29, 2016

Federal Circuit: PTAB Panel That Institutes Inter Partes Review May Also Make Final Decision on the Merits

On Jan. 13, 2016, a Federal Circuit panel consisting of Judge Newman, Judge Dyk, and Judge Taranto issued a majority opinion, authored by Judge Dyk, in Ethicon Endo-Surgery v. Covidien LP, Case No. 2014-1771. The majority held that 35 U.S.C. '314(d) does not bar the Federal Circuit from hearing Ethicon's challenge to the authority of the Patent Trial and Appeals Board (PTAB) to render a final inter partes review (IPR) decision, and that neither the Constitution nor the American Invents Act (AIA) precludes the PTAB panel that instituted an IPR from making a final determination on the merits. Judge Newman wrote a separate opinion, dissenting.

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