Post-Grant for Practitioners | Lessons from the First Wave of Post-Grant Appeals

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2015 brought the first wave of Federal Circuit decisions in appeals from final written decisions in inter partesreview and covered business method proceedings. In its first 55 post-grant appeals, the Federal Circuit affirmed or dismissed 89%, with most being summary affirmances without opinion.

Fish Principals John Dragseth and Craig Countryman, discussed the Federal Circuit's record on PTAB post-grant appeals and the fundamental legal issues that will impact post-grant cases in the future. Topics included:

  • Challenges to the PTAB's decision to institute
  • Claim construction
  • Obviousness
  • Procedural issues