Federal Circuit Patent Updates - March 2016

March 23, 2016 3:30 PM

Moore, J. Holding that the Court lacked jurisdiction to review PTAB's refusal to institute an IPR on some grounds on the basis that the grounds were redundant of the grounds on which institution had been granted. Also denying petition for a writ of mandamus on the same issue and finding that there would be no litigation estoppel related to the non-instituted ground. On the merits, vacating a finding that a limitation was not present in the art where the basis of the Board's decision was ambiguous. With respect to a cross-appeal, the Court held that it did not have jurisdiction to review the Board's decision to institute a second IPR as timely  under §315(b) and affirmed the Board's obviousness determination on the merits. Reyna, J., concurred, writing separately to criticize the