Friday, April 25, 2014

Least surprising Federal Circuit decision of the year

Pretty much like that.
In what can only be described as the least surprising decision of the year, the Federal Circuit yesterday declined to grant a writ of mandamus and order the USPTO to institute an inter partes review.  Why unsurprising?  Because the relevant statute (35 USC 314(d)) states that the "determination whether to institute an inter partes review...shall be final and nonappealable."  

There is something surprising about this.  Despite this clear statutory language, somebody actually took a shot at trying to get a writ of mandamus.  Actually, three somebodys:  the court handed down three separate decisions, on the same day, with essentially the same holding.  

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