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ARTICLE · 20 APRIL 2015

IP Newsletter - April 2015

Morrison Foerster
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In a split decision, the Federal Circuit issued its first opinion reviewing a final decision of the Patent Trial and Appeal Board ("Board") of the Patent and Trademark Office

United StatesIntellectual Property
Morrison & Foerster LLP
Morrison & Foerster LLP
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FEDERAL CIRCUIT AFFIRMS PTO IN FIRST APPEAL OF AN INTER PARTES REVIEW DECISION

By Matthew I. Kreeger and Jason D. Hall

In a split decision, the Federal Circuit issued its first opinion reviewing a final decision of the Patent Trial and Appeal Board ("Board") of the Patent and Trademark Office ("PTO") in an inter partes review case. The court affirmed the PTO's decision finding three claims invalid and denying the patent owner's motion to amend claims. Along the way, the Court made two significant rulings: (1) the Court lacks jurisdiction to review the Board's decision to institute an IPR; and (2) the Board correctly used the "broadest reasonable interpretation" standard to construe claims. Judge Newman dissented because, in her view, "several of the panel majority's rulings are contrary to the legislative purpose of the Leahy- Smith America Invents Act."

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