5 Lessons From Rare Fed. Circ. Ruling On Inter Partes Review
Law360, New York ( November 13, 2015, 10:58 AM EST) -- As inter partes review practice has passed its three-year old birthday, many believed we would have, by now, learned a significant amount from the Federal Circuit about the contours of IPR proceedings. Instead, the biggest lesson we have learned is that great deference will be given to the Patent Trial and Appeal Board. To date, for example, the Federal Circuit has been aggressively implementing Federal Rule of Appellate Procedure 36 to manage its case load. These Rule 36 affirmances, which provide no substantive insight into the issues on appeal, have been issued in 25 of the 31 IPR decisions issued by the Federal Circuit. In light of this fact, when a new, substantive opinion is issued by the court, it is an opportunity to learn....
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