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ARTICLE · 25 NOVEMBER 2015

Federal Circuit Issues Second-Ever IPR Reversal, But Petitioner Still Wins

Duane Morris LLP
Duane Morris LLP
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Earlier this month the Federal Circuit reversed the Patent Trial and Appeal Board in an inter partes review decision for just the second time ever.

United StatesIntellectual Property
Paul Belnap
Paul Belnap
Patrick Muldoon
Patrick Muldoon
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Earlier this month the Federal Circuit reversed the Patent Trial and Appeal Board in an inter partes review decision for just the second time ever. Belden Inc. v. Berk-Tek LLC, Case No. 2014-1575 (Fed. Cir. Nov. 5, 2015). The court found that the PTAB did not invalidate enough claims of the challenged patent, resulting in yet another win for an IPR petitioner at the appellate level.

Practitioners before the PTAB have been watching closely as the appeals filed in America Invents Act (AIA) proceedings work their way through the Federal Circuit. A study conducted by Duane Morris attorneys last month found that the court has received more than 360 appeals of PTAB decisions in inter partes reviews and covered business method reviews. Thus far, the Federal Circuit has issued approximately 33 decisions, with just one prior reversal of the PTAB.1 Parties challenging patent validity in AIA proceedings therefore have an exceptional track record: successfully invalidating at

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