Federal Circuit Rules that Parties Must Have Opportunity to Respond/Rebut Late-Made Factual Assertions, PTAB Litigation Blog
The Federal Circuit vacated the Patent Trial and Appeal Board’s decision in IPR2013-508 after finding that its refusal to allow NuVasive, the patent owner, to respond to factual matters violated the Administrative Procedure Act (APA). In re: NuVasive, Inc., No. 2015-1672, 2016 WL 6608999 (Fed. Cir. Nov. 9, 2016).
Read the full article at ptablitigationblog.com.