“Closely Tied” Language of Cuozzo & Institution-Centric Statutes
The en banc opinion on the scope of the AIA’s appeal bar (35 U.S.C. §§ 324(e)/314(d)) remains outstanding in WiFi One. Still, we have seen a few opinions from the Federal Circuit as of late that nibble around the edges of this issue. From these decisions, we see the Court focusing on the statute underlying the appealed issue, and whether or not that statute is tied, in timing or substance, to the institution stage. The most recent, Credit Acceptance Corp. v. Westlake Services, found another exception to the appeal bar for CBM estoppel. 35 U.S.C. 325(e)(1).
Continue Reading Another WiFi One Hint from the CAFC