The US Court of Appeals for the Federal Circuit addressed for the first time whether the retroactive application of inter partes review (IPR) proceedings to pre-America Invents Act (AIA) patents is an unconstitutional taking...more
9/4/2019
/ America Invents Act ,
Appeals ,
Constitutional Challenges ,
Fifth Amendment ,
Inter Partes Review (IPR) Proceeding ,
Just Compensation ,
Obviousness ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Question of Law ,
Retroactive Application ,
Takings Clause ,
USPTO
Addressing the threshold question of whether a patent is eligible for post-grant review (PGR), the Patent Trial and Appeal Board (Board or PTAB) denied institution of the PGR because the petitioner had not adequately...more
Confirming that the same panel of judges at the Patent Trial and Appeal Board (PTAB or Board) has the authority to institute America Invents Act (AIA) reviews and make a final determination on the merits, the US Court of...more
Addressing the issue of obviousness in the context of an inter partes review (IPR), the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the Patent Trial and Appeal Board (PTAB or Board) under a...more