Federal Circuit’s Patent Power on the Line in Full Rehearing Bid

Aug. 10, 2022, 9:19 AM UTC

A recent ruling opened the door for an administrative patent tribunal to wipe out certain Federal Circuit decisions, which may entice the full federal appeals court to grant a rare re-hearing request, attorneys said.

Atlanta Gas Light Co. is asking the full Federal Circuit to reconsider a split-panel ruling where the majority found that, based on timeliness considerations, it didn’t have the ability to review a Patent Trial and Appeal Board’s reversal of a decision to review contested patent. The Federal Circuit had originally remanded the suit back to the PTAB to reconsider a sanctions award on a separate issue, ...

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