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Intellectual Property,
Civil Litigation

Oct. 14, 2020

Federal Circuit panels disagree on review of PTAB joinder decisions

Critics of a recent decision have questioned the basis for concluding that the joinder and institution are “separate” decisions, since the Federal Circuit did not clearly articulate how it came to this conclusion.

Jennifer R. Bush

Associate
Fenwick & West LLP

Email: jbush@fenwick.com

Jennifer's practice focuses primarily on PTAB trials and patent litigation.

Last month, a panel of the U.S. Court of Appeals for the Federal Circuit (Prost, Plager and O'Malley) issued a modified opinion in Facebook v. Windy City Innovations to address the impact of the U.S. Supreme Court's opinion in $95

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