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PTAB Ruling ‘Flouting’ Fed. Cir. Decision Disturbs Appeals Panel

Jan. 11, 2022, 8:10 PM

The Patent Trial and Appeal Board’s interpretation of a Federal Circuit opinion regarding sanctions in a long-running case drew sharp criticism from two judges of the appeals court at oral argument.

The U.S. Court of Appeals for the Federal Circuit in August 2020 agreed with the board that Bennett Regulator Guards Inc.'s U.S. Patent No. 5,810,029, on an anti-icing device to regulate natural gas pressure, is invalid. It sent the case back to the board for it to quantify the sanctions award it imposed on Atlanta Gas Light Co. for failing to disclose a change in ownership.

On remand, ...