VPATAPP Alert_Federal Circuit Lacks Jurisdiction to Review Patent Trial and Appeal Board Termination of Re-examination Proceedings

https://www.jdsupra.com/legalnews/federal-circuit-lacks-jurisdiction-to-34955/

In a non-precedential decision, the Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) inter partes review decision holding that the claims of Illumina, Inc.’s U.S. Patent No. 7,955,794 (“the ’794 patent”) are not anticipated by an earlier U.S. patent publication because the publication is not prior art.  In addition, the Federal Circuit dismissed Ariosa’s appeal of the PTAB’s termination of three ex-parte reexamination proceedings directed to the ‘794 patent, stating that the Federal Circuit lacks jurisdiction to review the PTAB’s termination decision.