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Federal Circuit rules it cannot review PTAB assignor estoppel

Michael Loney, New York

The Federal Circuit has outlined a two-part framework for deciding whether it can review an institution decision, in its Husky Injection Molding Sys v Athena Automation decision

The Federal Circuit has dismissed an appeal from an inter partes review (IPR) final written decision because “we lack jurisdiction to review the Board’s determination on whether assignor estoppel precludes it from instituting inter partes review”, in Husky Injection Molding...

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