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Federal Circuit’s Rule 36 affirmances of PTAB appeals causing frustration

Michael Loney, New York

The US Federal Circuit has issued substantive opinions in only four of the 28 Patent Trial and Appeal Board appeals it has ruled on, merely providing one-sentence affirmances for the rest. Michael Loney analyses the decisions so far

According to an analysis by Harness Dickey & Pierce on its Harnessing Patent Office Litigation blog, the Federal Circuit had issued 28 decisions on appeals of Patent Trial and Appeal Board (PTAB) cases as of September 21 (see below).


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