Federal Circuit Won’t Rehear Dispute Over Patent Board Procedures

(June 23, 2016, 11:17 AM EDT) -- WASHINGTON, D.C. — A practice by the Patent Trial and Appeal Board of allowing the same administrative judges who institute inter partes review (IPR) to preside over the ensuing IPR itself “imperils the public confidence in the fairness and correctness of these proceedings,” Circuit Judge Pauline Newman wrote in dissent on June 22 in a denial of en banc rehearing by the Federal Circuit U.S. Court of Appeals (Ethicon Endo-Surgery Inc. v. Covidien LP, No. 14-1771, Fed. Cir.; 2016 U.S. App. LEXIS 11296).

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