Klarquist News & Insights


No second guessing the PTAB: Federal Circuit reverses E.D. Tex. denial of stay pending CBM review in automatic appeal under AIA § 18(b)(2).

In an automatic interlocutory appeal from the district court’s denial of defendants’ motion to stay pending CBM review, the Federal Circuit found that the district court committed legal error by reviewing the PTAB’s decision to institute. The district court had given little weight to Section 18(b)(2)’s “simplification of issues” and “burden of litigation” factors, largely […]

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