United States:
Security People V. Iancu: District Court Lacks Jurisdiction To Hear APA Suit Challenging IPR Constitutionality
27 August 2020
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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In Security People, Inc. v. Iancu, the
Federal Circuit affirmed the dismissal of a patent owner's
Administrative Procedure Act ("APA") suit challenging the
constitutionality of the Patent Trial and Appeal Board
("PTAB") canceling patent claims in an inter partes
review ("IPR") proceeding. The Federal Circuit explained
that constitutional challenges to IPR proceedings can be raised in
appeals to the Federal Circuit from the PTAB's final written
decisions and affirmed the district court's dismissal for lack
of jurisdiction. For additional details, please see the related
post on Finnegan's Federal Circuit IP Blog.
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