Monday, May 1, 2017
Intervet v. E.I. DuPont de Nemours, No. 16-2131, Courtroom 402
In this appeal, the Federal Circuit has been asked to determine whether the AIA eliminated district court review of post-AIA interference decisions, and if so, whether the Court should review interference decisions de novo. Intervet argues that the Court should overrule its Biogen v. Japanese Found. for Cancer Research decision and find that district court review is still available. Alternatively, Intervet argues that the Court should overrule its Merck & Cie v. Gnosis decision and find that the Federal Circuit should review the Board’s determination of priority de novo. DuPont argues that the Court’s decisions in Biogen and Gnosis were correctly decided, should not be disturbed, and cannot be revisited absent en banc review.