The America Invents Act (“AIA”) revamped the former Board of Patent Appeals and Interferences (“BPAI”) into the new Patent and Trademark Appeal Board (“PTAB”).1 Since the AIA’s effective date, an average of one petition per day has been filed with the PTAB under the new inter partes review and covered business method post-grant review procedures.2 The PTAB has started granting these petitions and instituting trials, and given the expected pace of the proceedings, it is likely that some will be appealable to the Federal Circuit within the next twelve months.3
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Federal Circuit appeals from the PTAB: a new game or just the same old practice?
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Senior Legal Counsel, Bankwest Business
Bank of Western Australia Ltd
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