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In previous posts, we have discussed whether the PTAB and the district courts can reach different conclusions on the same issue. (See Fed Circ Affirms Conflicting Invalidity Determinations from District Court and PTAB; Can PTAB and Courts Reach Different Decisions? Definitely So.) In those instances, the Federal Circuit held they can, because the standards applicable at the PTAB and the district court were different. A recent Federal Circuit decision affirming a PTAB ruling in an ex parte reexamination highlights this issue again.
Read the full article at ptablitigationblog.com.