E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Enter your email address:

Delivered by FeedBurner

Contact the Docs

Docs on Twitter


About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.

Disclaimer

  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.

Become a Fan

« USPTO News Briefs | Main | Conference on IP Strategy, Patent Portfolio Development and Innovation »

March 09, 2016

Comments

It seems strange not to simply distinguish between a normal refusal of interlocutory appeal of the institution of a proceeding [especially one with a time limit] versus an entire bar of any challenge to the legality of the proceeding even after a final decision in the proceeding. No doubt it was the former that is intended by both Congress and the Fed. Cir. even if not clearly expressed. The latter is demonstrated by the Fed. Cir. twice accepting legal challenges to the institution validity of CBM proceedings from their final decisions even though the same appeal denial statute applied.

P.S. Does not Cuozzo, to even have valid standing here, need to present an effective argument as to what specific statute or regulation was clearly violated by the institution of his IPR? I.e., not just argue the interpretation of a PTO regulation implementing it's IPR statute, since for that should not the PTO get Chevron deference?

The comments to this entry are closed.

August 2016

Sun Mon Tue Wed Thu Fri Sat
  1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31