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March 09, 2016


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?

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