CAFC: same judges can rule on IPR petition and patent validity
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The Patent Trial and Appeal Board’s (PTAB) process of allowing the same three judges to decide whether to institute an inter partes review (IPR) and on the validity of the patent in question creates legal biases, Ethicon Endo-Surgery has argued.
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Ethicon Endo-Surgery; USPTO; Patent Trial and Appeal Board; IPRs; Covidien