Teeing Up Your Patent Case for Appeal at the U.S. Court of Appeals for the Federal Circuit

[...]standing to appeal an adverse decision is not a given upon exiting each tribunal, especially before the PTAB. The appellant might appeal, for example: a ruling on a motion for dismiss (e.g., for lack of personal jurisdiction) a claim-construction order an order disposing of a motion for summary...

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Bibliographic Details
Published in:The IP Litigator : Devoted to Intellectual Property Litigation and Enforcement 2022-09, Vol.28 (5), p.1-10
Main Authors: Wright, Jon, Joffre, Michael, Milliken, William
Format: Article
Language:English
Subjects:
Appeals
Disputes
District courts
Evidence
Judges & magistrates
Jurisdiction
Law
Legislation
Patent law
State court decisions
Trials
Tribunals & commissions
Validity
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Summary:[...]standing to appeal an adverse decision is not a given upon exiting each tribunal, especially before the PTAB. The appellant might appeal, for example: a ruling on a motion for dismiss (e.g., for lack of personal jurisdiction) a claim-construction order an order disposing of a motion for summary judgment evidentiary rulings rulings on motions for judgment as a matter of law (or JMOLs) just to name a few. Legal questions-for example, rulings on claim construction, jurisdictional issues, whether jury instructions correctly state the law-are reviewed de novo, which means the appellate court resolves the issue anew without giving any deference to the district court's decision. Evidentiary rulings are reviewed for abuse of discretion, which means the appellate court will affirm the district court's decision unless it was clearly unreasonable or infected by an error of law5 Fact findings made by the district court (for example, in a bench trial) are reviewed for clear error.
ISSN:1086-914X