Garrard Beeney and Stephen Elliott Co-Author Law360 Expert Analysis “Fed. Circ. Continues to Rein in PTAB”

January 10, 2018
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On January 10, Law360 published an Expert Analysis article by Garrard Beeney and Stephen Elliott titled “Fed. Circ. Continues to Rein in PTAB.” The article reviewed the Federal Circuit’s decision in and the future implications of Wi-Fi One LLC v. Broadcomm Corporation, which concerns the Patent Trial and Appeals Board’s decision to institute inter partes review over the patentee’s objection. On January 8, the Federal Circuit held that the PTAB decision is reviewable on appeal. “While Wi-Fi One may expand the PTAB determinations subject to appeal, it also has other implications for the IPR process. Increased scrutiny by the Federal Circuit may increase the length, complexity and expense of the IPR process, making it less attractive to those seeking to invalidate patent claims… All in all, we see Wi-Fi One as a continuation of the Federal Circuit effort to restore some balance to the IPR process between patentees and challengers,” Garrard and Stephen said.