United States Federal Circuit
Medtronic, Inc. v. Robert Bosch Healthcare Sys., Inc., 2015-1977
On petition for rehearing of a previous order that a determination by the Patent Trial and Appeal Board to discontinue inter partes review proceedings was not reviewable on appeal under 35 U.S.C. section 314(d), to determine whether this decision is correct in light of the Supreme Court's decision in Cuozzo Speed Technologies, LLC v. Lee, 136 S. Ct. 2131 (2016), the previous order is affirmed where: 1) the Board's vacatur of its institution decisions and termination of the proceedings constitute decisions whether to institute inter partes review and are therefore 'final and nonappealable' under section 314(d); and 2) nothing in Cuozzo is to the contrary.
Appellate Information
- Published 2016/10/20
Judges
- DYK
Court
- United States Federal Circuit