Saturday, April 11, 2015

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.


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