United States Federal Circuit

In an appeal of inter partes review by the Patent Trial and Appeals Board which found all challenged claims of a patent, directed to a surgical device used to staple, secure, and seal tissue that has been incised, invalid as obvious over the prior art, the Board's decision is affirmed where: 1) 5 U.S.C. section 314(d) does not preclude the court from hearing a challenge to the authority of the Board to render a final decision; 2) neither the statute nor the Constitution precludes the same panel of the Board that made the decision to institute inter partes review from making the final determination; and 3) there is no error in the Board's determination that the patent claims would have been obvious over the prior art.

Appellate Information

• Published 2016/01/13

Judges

• DYK

Court

• United States Federal Circuit

Counsel