I would like everyone to read through what I found
Post# of 82686
(Total Views: 530)
Posted On: 12/03/2017 10:49:04 AM
Re: Big Papa Bear #10260
I would like everyone to read through what I found and provide feedback and discuss my finding.
"The Federal Circuit will not change the standard of review for appeals from the Patent Trial and Appeal Board (“PTAB”) in Inter Partes Review (“IPR”) proceedings—leaving PTAB findings of fact with greater finality than findings of fact made by a district court.1 The effect is realized on appeal, where invalidity determinations in IPR proceedings are stronger and less likely to be reversed or vacated. Thus, the PTAB may be a more attractive venue for challenging validity of a patent because a decision by the PTAB will likely carry more weight on appeal to the Federal Circuit than one made by the district court. After a primer on fact finding at the PTAB, a recent decision and its rationale are discussed, followed by some practical implications."
Also:
"Therefore, unless and until Congress or the Supreme Court aligns the “court reviewing court” and “court reviewing agency” appellate standards of review with respect to IPR proceedings, findings of fact on the record during IPR are afforded greater finality than those on the record of district court litigation."
PLEASE READ ENTIRE ARTICLE:
http://www.ptabblog.law/?p=286#page=1
I would like feed back (good or bad). TIA.
IMO
"The Federal Circuit will not change the standard of review for appeals from the Patent Trial and Appeal Board (“PTAB”) in Inter Partes Review (“IPR”) proceedings—leaving PTAB findings of fact with greater finality than findings of fact made by a district court.1 The effect is realized on appeal, where invalidity determinations in IPR proceedings are stronger and less likely to be reversed or vacated. Thus, the PTAB may be a more attractive venue for challenging validity of a patent because a decision by the PTAB will likely carry more weight on appeal to the Federal Circuit than one made by the district court. After a primer on fact finding at the PTAB, a recent decision and its rationale are discussed, followed by some practical implications."
Also:
"Therefore, unless and until Congress or the Supreme Court aligns the “court reviewing court” and “court reviewing agency” appellate standards of review with respect to IPR proceedings, findings of fact on the record during IPR are afforded greater finality than those on the record of district court litigation."
PLEASE READ ENTIRE ARTICLE:
http://www.ptabblog.law/?p=286#page=1
I would like feed back (good or bad). TIA.
IMO
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