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Uncertainty over PTAB remand after first Federal Circuit reversal

Michael Loney, New York


It took 19 tries, but the PTAB has been overturned in a Federal Circuit appeal for the first time in Microsoft v Proxyconn. Patent holders take comfort that the Federal Circuit is not merely rubber stamping decisions but it is unclear how the Board will deal with the remand

The Federal Circuit reversed and remanded the Patent Trial and Appeal Board (PTAB) final written decision in Microsoft v Proxyconn. In its opinion, the appeals court said that the Board’s constructions of the phrases “two other computers”, “sender-computer”, and “receiver/computer”...


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