June 16, 2015

Federal Circuit Reverses PTAB on IPR Decision For First Time

By Matthew L. Cutler, Principal

The Federal Circuit reversed the Patent Trial and Appeal Board for the first time today in an appeal from an inter partes review proceeding. Specifically, the Board’s decision that 8 claims were unpatentable was reversed and the case was remanded to the Board. Harness Dickey was lead counsel for Patent Owner in this successful appeal, so we will not comment on the merits, but attach the decision for your review.