Intellectual Property Litigators Co-Author Bloomberg BNA Article Analyzing Appeals and Rehearings from PTAB Final Written Decisions
Intellectual property litigation partner Gaby Higgins (Silicon Valley) co-authored a June 1 article in Bloomberg BNA’s Patent, Trademark & Copyright Journal providing an analysis of Federal Circuit appeals and rehearing from final written decisions by the Patent Trial and Appeal Board (PTAB).
The data analysis shows that parties have requested rehearing or appealed the PTAB’s final written decision quite often — in more than half of the inter partes review and covered business method proceedings — and have requested both rehearing and appeal in a significant number of cases. However, for both appeals and rehearing requests, the success rates have been quite low. The article provides strategically relevant information for parties considering whether to seek rehearing or appeal.