Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
17-1686 | Fed. Cir. | N/A | N/A | N/A | N/A | OT 2018 |
Issue: Whether the U.S. Court of Appeals for the Federal Circuit can refuse to hear an appeal by a petitioner from an adverse final decision in a Patent Office inter partes review on the basis of lack of a patent-inflicted injury-in-fact when Congress has (i) statutorily created the right to have the Director of the Patent Office cancel patent claims when the petitioner has met its burden to show unpatentability of those claims, (ii) statutorily created the right for parties dissatisfied with a final decision of the Patent Office to appeal to the U.S. Court of Appeals for the Federal Circuit, and (iii) statutorily created an estoppel prohibiting the petitioner from again challenging the patent claims. CVSG: 05/09/2019.