In EmeraChem Holdings LLC v. Volkswagen Group of Am. Inc., No. 2016-1984 (Fed. Cir. 2017), the Federal Circuit faulted the Patent Trial and Appeal Board (“PTAB”) for violating the Administrative Procedure Act (“APA”) in an inter partes review (“IPR”) proceeding. The court determined that the PTAB failed to provide the patent owner with adequate notice and opportunity to respond to the specific obviousness rationale set forth in the final written decision.
We follow industry news and trends so you can stay ahead of the game. Subscribe to receive emails regarding policies and findings that impact you and your business.
Already a subscriber and want to update your preferences? Click here.