Appeal of IPR Termination Dismissed by Split Federal Circuit Panel

Appeal of IPR Termination Dismissed by Split Federal Circuit Panel, PTAB Litigation Blog

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The Federal Circuit, in Atlanta Gas Light Co. v. Bennett Regul. Guards, Inc., 21-1759, in an opinion by Judge STOLL, dismissed Atlanta Gas’s appeal for lack of jurisdiction. In this case, Atlanta Gas filed an IPR which was instituted and litigated through oral hearings, awaiting only the final written decision from the PTAB.  Before a final written decision was issued, the PTAB vacated its institution decision and terminated the IPR because Atlanta Gas failed to list its parent company in the petition among the real parties-in-interest (RPIs) as required by 35 USC § 312(a)(2).  Atlanta Gas requested rehearing of the termination decision which was denied.

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