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Federal Circuit rules same PTAB panel can institute and decide an IPR

Michael Loney, New York


The Federal Circuit has ruled that the same PTAB panel that institutes an inter partes review can also issue the final written decision, in Ethicon Endo-Surgery v Covidien. Judge Newman dissented, noting the statute requires institution to be made by the USPTO director and the final decision by the Board

The Federal Circuit has affirmed that the same Patent Trial and Appeal Board (PTAB) panel can institute an inter partes review (IPR) and issue the final written decision, in Ethicon Endo-Surgery v Covidien.

“On the merits we hold that neither...


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