Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Practical Law:
Appealing Patent Trial and Appeal Board Final Written Decisions

- Practical Law, February 2, 2018, Revised June 2, 2020
Author(s): Charles R. Macedo

This Practice Note discusses procedural and strategic considerations involved in appealing final written decisions of the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) patentability challenges under the Leahy-Smith America Invents Act (AIA). It discusses grounds, timelines, and practical considerations for requesting rehearing of a final written decision before the PTAB and appeal to the US Court of Appeals for the Federal Circuit.

Appealing Patent Trial and Appeal Board Final Written Decisions 

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