This is the new MLex platform. Existing customers should continue to use the existing MLex platform until migrated.
For any queries, please contact Customer Services or your Account Manager. Dismiss

Deadline to notify appeal of PTAB decision is non-jurisdictional, panel says

( March 19, 2025, 20:22 GMT | Official Statement) -- MLex Summary: Although upholding findings by the Patent Trial and Appeal Board that AMP Plus, doing business as ELCO Lighting, failed to prove obviousness of DMF Inc.’s US Patent No. 9,964,266, the US Court of Appeals for the Federal Circuit today turned away DMF’s argument that the appeal should be dismissed because ELCO failed to file a timely notice compliant with Section 90.2(a)(3)(ii) of the Code of Federal Regulations. Writing for the panel, Circuit Judge Jimmie Reyna said that “any failure by ELCO to timely file a notice of appeal in compliance with this provision does not affect our authority to review this appeal” because not only is the regulation from an executive agency, and not by Congressional statute, it “makes no clear statement, let alone discusses, this court’s authority to hear an appeal of an inter partes review.”See attached document....

Prepare for tomorrow’s regulatory change, today

MLex identifies risk to business wherever it emerges, with specialist reporters across the globe providing exclusive news and deep-dive analysis on the proposals, probes, enforcement actions and rulings that matter to your organization and clients, now and in the longer term.


Know what others in the room don’t, with features including:

  • Daily newsletters for Antitrust, M&A, Trade, Data Privacy & Security, Technology, AI and more
  • Custom alerts on specific filters including geographies, industries, topics and companies to suit your practice needs
  • Predictive analysis from expert journalists across North America, the UK and Europe, Latin America and Asia-Pacific
  • Curated case files bringing together news, analysis and source documents in a single timeline

Experience MLex today with a 14-day free trial.

Start Free Trial

Already a subscriber? Click here to login

Documents

Related Sections