Federal Circuit Pushes Back on Procedural Issues

Intellectual Property Magazine
February 2017

While often affirming the Patent Trial and Appeal Board’s (PTAB) substantive decisions on patentability in inter partes review (IPR) proceedings, the Court of Appeals for the Federal Circuit has not hesitated to push back on important procedural issues. Most notably, the Federal Circuit has admonished failures to provide adequate notice to parties concerning the ultimate substantive bases for the PTAB’s patentability rulings.