The Federal Circuit has recently foreclosed some appeals from the Patent Trial and Appeal Board and made the America Invents Act’s covered business method review program less potent. Here’s a roundup of the court’s top rulings since January and their implications for intellectual property law.
Phigenix Inc. v. ImmunoGen Inc.
While the AIA says any party dissatisfied with a Patent Trial and Appeal Board decision can appeal, the Federal Circuit held in January that appellants must still comply with the constitutional requirements for bringing a case in an Article III court.
Similar “common sense” arguments are also often made by accused infringers in district court, and the Federal Circuit makes clear that they are too conclusory and cannot fly, said Erik Belt of McCarter & English LLP.