Administrative Procedure Act Archives -

FedEx Next-Day Delivery Found to Constitute Sufficient Service of a CBM Petition

May 10, 2021
Robert Gravois

Unless the parties agree otherwise, service of a CBM petition may be by USPS Priority Mail Express or “by means at least as fast and reliable” as Priority Mail Express. 37 C.F.R. § 42.205(b). Other AIA Trial rules regarding the service…

Federal Circuit Upholds PTAB’s Validity Finding Based On Arguments the Patent Owner Did Not Raise

August 18, 2020
Robert Gravois

The Federal Circuit held in FanDuel, Inc. v. Interactive Games LLC that the PTAB did not violate the Administrative Procedure Act when it found that the Petitioner failed to prove a claim obvious based on arguments the Patent Owner had…

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