Fitzpatrick Case Update
March 23, 2016
On March 23, 2016, the Federal Circuit held it lacks jurisdiction to review a decision from the Patent Trial and Appeal Board (“Board”) denying institution of inter partes review (“IPR”) on grounds the Board deems redundant. It further held that 35 U.S.C. § 315(e) does not prevent a petitioner from later raising such denied grounds before the Patent & Trademark Office (“PTO”) or a district court.