Shaw Indus. Grp. v. Automated Creel Sys., Inc.: PTAB’s Decision Not to Institute IPR on Redundant Grounds Is Not Reviewable and Does Not Result in Estoppel

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.

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