Federal Circuit holds that AIA Reviews Don’t Require Review of All Patent Claims

On Wednesday, February 9, 2016, the Federal Circuit upheld the Patent Trial and Appeal Board’s policy of conducting partial reviews of patents challenged in America Invents Act inter partes review petitions, rejecting Synopsys Inc.’s argument that the board must review all the challenged claims.

In her dissent, Judge Pauline Newman writes that letting the Patent Trial and Appeal Board pick and choose which claims it wants to review creates an “absence of finality [that] negates the AIA’s purpose of providing an alternative and efficient forum for resolving patent validity issues.”

The case is Synopsys Inc. v. Mentor Graphics Corp., case number 14-1516.

For additional information concerning the potential impact of this ruling on your intellectual property rights, please contact SpencePC at info@spencepc.com or 312-404-8882.