Board’s Failure To Institute Review On Certain Claims, Grounds Leads To Remand

Mealey's (October 30, 2019, 12:52 PM EDT) -- WASHINGTON, D.C. — In an Oct. 29 ruling, a divided Federal Circuit U.S. Court of Appeals held that although the Patent Trial and Appeal Board correctly construed a disputed “wherein” clause in one claim of a patented fluid sample collection device, the board’s failure to institute inter partes review (IPR) on all challenged claims and grounds was error (Alere Inc. v. Rembrandt Diagnostics LP, No. 18-1812, Fed. Cir.)....