Divided Federal Circuit Won’t Rehear Dispute Over Board Review Standard
(April 27, 2016, 10:43 AM EDT) -- WASHINGTON, D.C. — A request by a patent owner that the Federal Circuit U.S. Court of Appeals decide en banc whether application of a clear error standard is required for appeals from Patent Trial and Appeals Board (PTAB) inter partes review (IPR) proceedings under the America Invents Act (AIA) was turned away by the court on April 26 (Merck & Cie v. Gnosis S.p.A., et al., No. 14-1779, Fed. Cir.; 2016 U.S. App. LEXIS 7503).