PTAB Denies Party Submissions on Remanded IPR Appeal
A successful appeal to the Federal Circuit from the Patent Trial & Appeal Board (PTAB) typically ends in vacatur and remand. As explained a few weeks back, surprisingly, the Board is not simply correcting the record on remand to maintain its earlier decision. Rather, in most cases a remand results in an eventual victory for the appealing party.
This practice gives hope to Patent Owners who may have been assuming that absent reversal, a remand was just a longer, more painful loss. Continue Reading PTAB Remands Looking More Like Eventual Wins for Patentees