May 14, 2021
Dorothy Whelan & Karl Renner Quoted in Law360 Article, "4 Recent PTAB Decisions Attys Need To Know"
Dorothy Whelan (Principal) and Karl Renner (Principal) were quoted in Law360article, "4 Recent PTAB Decisions Attys Need To Know" on April 28, 2017.
Great West Casualty Co. et al. v. Intellectual Ventures II LLC
"It's a clear break with the district courts," Dorothy Whelan, a principal at Fish & Richardson PC, said. "I think it adds some confusion into the scope of the estoppel, which ultimately will have to be resolved by the Federal Circuit."
W. Karl Renner, also a principal at Fish, said it also calls into question what is and is not appealable.
Generally speaking, PTAB decisions about whether to institute review of a patent cannot be reviewed by the Federal Circuit. But there are limited exceptions, including certain issues that implicate the jurisdictional reach of the board. It's possible this might be one of those issues.
"It's not clear yet exactly what the boundaries of that are," Renner said. "It's an area that's developing and one that people really have their eyes on."
To view the full article, please click here.
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