Tagged with Federal Circuit

En Banc Federal Circuit to Decide Reviewability of PTAB Time-Bar Decisions

Authors: James D. Stein
Editor: Jason E. Stach

The Federal Circuit has found that it may not review a PTAB determination that an IPR petition was timely-filed within 35 U.S.C. § 315(b)’s 1-year bar. Achates Reference Publishing Inc. v Apple Inc., 803 F.3d 652 (Fed. Cir. 2015). The law may soon change, as the Federal Circuit recently granted Wi-Fi One’s petition for rehearing en banc of its September decision that it may not review the PTAB’s finding that Broadcom’s IPR petitions were not time-barred. Wi-Fi One, LLC v. Broadcom Corp., Nos. 2015-1944, -1945, -1946 (Jan. 4, 2017). Continue reading

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Federal Circuit PTAB Appeal Statistics – January 1, 2017

Authors: David C. SeastrunkDaniel F. Klodowski, Elliot C. Cook
Editor: Jason E. Stach

Through January 1, 2017, the Federal Circuit decided 155 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 120 (77.42%) of the cases, and reversed or vacated the PTAB on every issue in 13 (8.39%) of the cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 14 (9.03%) of the cases.

jan-2017-federal-circuit-stats-ipr-cbm-appeals-combined

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PTAB: What to Expect on Remand

Authors: Anthony A. Hartmann
Editor: James D. Stein

Only a portion of Federal Circuit decisions on appeals from IPRs and CBMs have remanded the cases in full or in part to the Patent Trial and Appeal Board (“PTAB”). These remanded cases have been working their way through the PTAB, leading to new final written decisions.

While there are rules and statutes governing the timing of the trial phase of a PTAB proceeding, there are no such rules governing the remand process. Thus, a review of the PTAB docket is needed to determine what a party can expect on remand. While the procedures used on remand can be panel-specific, there are some similarities. Continue reading

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