Tag Archive: Reversal

Nov 11

Federal Circuit Weighs in on Evidentiary Challenge in IPR, Reversing PTAB

More often than not, evidentiary issues in IPR proceedings fail to make headlines because the Board will structure its Final Written Decision to avoid evidentiary challenges. Findings that a party’s motion to exclude is denied as moot are common. That makes the Federal Circuit’s decision in REG Synthetic Fuels, LLC v. Neste Oil Oyj (November …

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Jan 25

Federal Circuit Issues Ironic Decision Reversing PTAB For Not Providing Enough Analysis

The PTAB was rebuked¬†by the Federal Circuit on January 22nd for failing to provide an adequate description of its reasoning for finding the claims of the challenged patent obvious in an inter partes review proceeding. In Cutsforth, Inc. v. MotivePower, Inc., Judge Clevenger, in a non-precedential opinion, analyzed the obviousness finding from the Board, as …

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