United States Federal Circuit

In an action under the Administrative Procedure Act (APA) seeking to invalidate the Patent and Trademark Office's (PTO) regulation that allows the Patent Trial and Appeal Board (Board) to institute inter partes review on "all or some of the challenged claims," 37 C.F.R. section 42.108, and challenging the PTO's practice of issuing final decisions on fewer than all of the claims raised in a petition, the district court's dismissal on Congressional intent grounds is vacated and the case is dismissed as moot where a companion case, Synopsys Inc. v. Mentor Graphics Corp., No. 14-1516, slip op. (Fed. Cir. Feb. 10, 2015), resolves all of the substantive issues presented in this case and nothing remains to be decided.

Appellate Information

• Published 2016/02/10

Judges

• DYK

Court

• United States Federal Circuit

Counsel