Originally published by Klemchuk Kubasta LLP RSS Feed.
The PTAB recently issued its first precedential ruling under the America Invents Act in a Covered Business Method Review proceeding. In its ruling, the PTAB decided that a CBM review cannot proceed if a petitioner files a civil suit to challenge a patent’s validity before filing a petition for Covered Business Method Review.
The PTAB issues decisions in three categories: routine, informative, and precedential. Routine decisions may be cited as persuasive authority. Informative decisions are not binding on the PTAB, but they commonly provide significant insight for future litigants. Precedential decisions bind all PTAB judges unless the decision is modified by the Federal Circuit, inconsistent with a decision of the Supreme Court or the Federal Circuit,…
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