February 17, 2016
“Federal judge says patent board didn’t adequately explain reasoning in decision,” Legal Newsline, February 16, 2016
WASHINGTON (Legal Newsline) – The Patent Trial and Appeal Board failed to explain why it ruled the way it did in a dispute, a federal judge has ruled.
The PTAB had not provided enough information in its inter partes review (IPR) of U.S. Patent No. 7,990,018, Matt Cutler – patent litigator and a principal at Harness, Dickey & Pierce in St. Louis – said. The patent concerns the devices and methods of use of an electrical brush holder assembly, owned by Cutsforth Products, Inc. in Cohasset, Minn.
The U.S. Court of Appeals for the Federal Circuit said the PTAB didn’t explain its ruling well enough.
“This decision was really a rebuke of the PTAB for failing to issue a thorough, well-thought-out decision,” Cutler said.
“IPR counsel can try to help the Board by offering thorough and easy to understand arguments that the Board can adopt in whole or in part.”
