The Federal Circuit Clarifies Notice Requirements in AIA Trials - Buchanan PTAB Report

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.