CAFC: refusal to terminate re-exam is not a final agency action
AMS sued Crane in district court for infringement of four patents. Crane instituted inter partes re-exam on each.
There was a settlement of validity but no infringement. The PTO declined to stop the re-exams.
The CAFC upheld the PTO, finding that the refusal was not a final agency action,
Case is AMS vs. Lee.