Lessons from the First Wave of Post-Grant Appeals

2015 brought the first wave of Federal Circuit decisions in appeals from final written decisions in inter partes review and covered business method proceedings.  In its first 55 post-grant appeals, the Federal Circuit affirmed or dismissed 89%, with most being summary affirmances without opinion.

Fish Principals John Dragseth and Craig Countryman, discussed the Federal Circuit’s record on PTAB post-grant appeals and the fundamental legal issues that will impact post-grant cases in the future. Topics included:

• Challenges to the PTAB’s decision to institute
• Claim construction
• Obviousness
• Procedural issues