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« Versata Development Group, Inc. v. SAP America, Inc. (Fed. Cir. 2015) | Main | Webinar on Defending Patents in IPR Proceedings »

July 16, 2015

Comments

Hey Andrew,

As I've noted in my article posted Monday on IPWatchdog, as well as David Boundy's article posted on Patently-O much earlier relating to the Cuozzo Speed Technologies cases, the Federal Circuit needs to consider not only what is reviewable in view of the AIA, but also the overriding appellate review command of the APA which is not specifically excluded by the AIA. If the PTAB institutes a CBM or IPR proceeding that is clearly not in compliance with the PTAB's own regulations for such procedures (as allegedly occurred in the Cuozzo Speed Technologies situation), or which is "not in accordance with law" in terms of what is defined as a CBM under the AIA, the APA (not the AIA) controls such appellate review.

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