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Federal Circuit issues opinion on first IPR appeal

Michael Loney, New York

The Federal Circuit has released its first opinion on a PTAB appeal, in In Re Cuozzo Speed Technologies, affirming the Board’s final determination. A strongly-worded dissenting opinion from Judge Pauline Newman questioned the panel’s reasoning, however

In Re Cuozzo Speed Technologies was before Judges Newman, Clevenger and Dyk.

“Contrary to Cuozzo’s contention, we hold that we lack jurisdiction to review the PTO’s decision to institute IPR,” Judge Dyk wrote in the opinion. “We affirm the Board’s...

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