X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
James E. Quigley, left, Scott W. Hejny, right, Principals with McKool Smit.

The Federal Circuit recently dealt a blow to the Patent Trial and Appeal Board and, in particular, to the POP opinion process that has been frequently used over the past year to establish precedent for post-grant review proceedings. In overturning the Patent Trial and Appeal Board (PTAB) ruling in Proppant Express Investments, LLC et al. v. Oren Tech., LLC, the Federal Circuit panel in Facebook, Inc. v. Windy City Innovations, LLC took the extraordinary step of including “additional views” that questioned the authority of PTAB panels to do more than establish basic rules to carry out the statutory requirements of the America Invents Act (AIA). Moreover, the Windy City ruling reinforces the one-year statutory bar for filing petitions and closed a loophole from Proppant Express that enabled a party to join its own, earlier-filed petitions even after the expiration of the one-year statutory filing period.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 

Lanier's Texas Personal Injury FormsBook

Written by renowned personal injury attorney Mark Lanier of the Lanier Law Firm, this forms book will guide you through your entire PI case, soup to nuts.

Get More Information
 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.