by Steve Driskill | Feb 4, 2015 | [sub] overlapping jurisdiction, PTO Procedure
The PTO’s decision whether or not to institute Inter Partes Review (IPR) is not appealable to the Federal Circuit. Here, for example, the Federal Circuit found that it lacked jurisdiction to review the PTO’s decision to institute IPR, even after a final decision....
by Steve Driskill | Aug 12, 2013 | [sub] overlapping jurisdiction, PTO Procedure
The prerequisite to requesting judicial review of the PTO’s rejection of a patent application under the proscribed statutory provisions is the exhaustion of all remedies before the PTO by procuring (1) a “decision from the Board” or (2) “final agency action.” An...
by Steve Driskill | Jul 2, 2013 | [sub] overlapping jurisdiction, PTO Procedure
The cancellation of claims in a patent by the PTO, pursuant to the agency’s statutory reexamination authority, is binding in any pending infringement litigation that has not been made sufficiently final, and is grounds for dismissal of the underlying suit. This case...
by Steve Driskill | Mar 7, 2013 | [sub] overlapping jurisdiction, PTO Procedure
An invalidity challenge in an inter partes reexamination cannot be maintained by the PTO following a final decision in district court when that decision is appealed only on other grounds. Background / Facts: This appeal arises out of an inter partes reexamination...
