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Federal Circuit to Hear En Banc Whether Certain PTAB Institution Decisions Are Reviewable

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Eliot Williams authored the article, “Federal Circuit to Hear En Banc Whether Certain PTAB Institution Decisions Are Reviewable” published in Intellectual Property & Technology Law Journal in its May 2017, Volume 29, Number 5 issue. The U.S. Court of Appeals for the Federal Circuit has announced that it will hear en banc the question of whether certain decisions of the Patent Trial and Appeal Board (PTAB) that are entered at the beginning of America Invents Act (AIA) trails (e.g., at the outset of an inter partes review) are reviewable on appeal. The article examines why this has the potential to reshape the conduct of PTAB Trial proceedings and may alter the relationship between PTAB Trials and parallel district court proceedings.

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