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Posted On: 10/21/2017 11:05:54 AM
Post# of 82676
IPR/PTAB @ http://jmp.sh/yWiPTv0 decision is final and Unappealable. Federal Circuit Will Not Review PTAB IPR Decisions. Federal Circuit Rules that the Patent Office’s/PTAB decision to Institute an IPR Proceeding Is Unappealable & final.
Also, remember that PTAB generally has final authority on whether on what grounds to institute an IPR. Different patentability/invalidity determinations may result from district-court and IPR proceedings, because they employ different standards to interpret the claims of an unexpired patent.
And finally, even if Congress had not impliedly adopted the broadest-reasonable-interpretation standard it had granted the USPTO rulemaking authority, and, under this authority, the USPTO properly adopted the broadest-reasonable-interpretation standard.
It's all said and done for C,D & T.
Also, remember that PTAB generally has final authority on whether on what grounds to institute an IPR. Different patentability/invalidity determinations may result from district-court and IPR proceedings, because they employ different standards to interpret the claims of an unexpired patent.
And finally, even if Congress had not impliedly adopted the broadest-reasonable-interpretation standard it had granted the USPTO rulemaking authority, and, under this authority, the USPTO properly adopted the broadest-reasonable-interpretation standard.
It's all said and done for C,D & T.
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