Federal Circuit Questions PTAB’s “Redundancy” Practice in Shaw Industries Hearing

Author: James D. Stein
Editor: Jason E. Stach

Although there are no formal limits on the number of grounds a petition may raise, the Patent Trial and Appeal Board (“PTAB”) often eliminates alternative grounds challenging the same patent claims as “redundant,” even if the redundant grounds would establish unpatentability.  The PTAB cites its statutory 12-month deadline for completing proceedings as making it necessary to eliminate redundant grounds and run trials efficiently.  On November 2, 2015, the Federal Circuit heard an appeal in Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., Nos. 15-1116, 15-1119, which may change the PTAB’s redundancy practice.  A summary of the case and oral argument can be found on Finnegan’s AIA Blog.


DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information..

Tagged ,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: