Singularity Blog

IPRs: Federal Circuit Affirms Nonappealability of PTAB Institution Decision

The Patent Trial and Appeal Board (PTAB) decides petitions to institute post-grant proceedings, including inter partes reviews (IPRs).  PTAB institution decisions, as contrasted with the merits of any final written decision, are nonappealable.[1]  Despite the statutory language barring appealability, from time to time litigants have attempted to appeal institution decisions to the Court of Appeals…

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The Aahs Have It: Ordered Combination of Elements Morphs Into Patent-Eligible Subject Matter

In the fourth of a recent series of appellate decisions establishing patent-eligibility of patent claims post-Alice, in McRO, Inc. v. Bandai Namco Games America,[1] the Court of Appeals for the Federal Circuit reversed a district court ruling of ineligibility. We have written previously about several recent Federal Circuit decisions in this area, in which the…

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