In Nat'l Mfg v. Sleep No, the Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s finding proposed amendments made during an inter partes review are valid despite inclusion of changes not related to patentability issues raised in the petition.
In CUPP Computting AS v. Trend Micro, the US Court of Appeals for the Federal Circuit held that the Patent Trial and Appeal Board need not accept a patent owner’s arguments as a disclaimer in the very same inter partes review proceeding in which those arguments are made.
In Sawstop Holding LLC v. Vidal the Federal Circuit confirmed the Patent and Trademark Office will only award a patent term adjustment to offset a delay caused by appellate review of a patent prosecution if the appeal results in allowable claims ready for issuance.
Under the Administrative Procedure Act, the Patent Trial and Appeal Board must fully and particularly set out the basis upon which it reached its decision. In Provisur Technologies Inc. v. Weber, the Federal Circuit found that the Board failed to meet this standard.