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October 01, 2015


Hey Andrew,

Still looks like there were no challenges by Achates, as Dave Boundy has astutely suggested, based on compliance with the APA, or other administrative law/procedure principles. We patent attorney folk need to remember that there is more to administrative law and procedure than just what's in the AIA (Abominable Inane Act) when it comes to challenging IPRs, including whether the PTAB has correctly followed those procedures under the APA and other relevant administrative law/procedure doctrines.

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