Ropes & Gray partners Jim Myers and Doug Hallward-Driemeier, examine Patent Trial and Appeal Board (PTAB) appeals to the United States Court of Appeals for the Federal Circuit.
Jim and Doug discuss what standard of review the Federal Circuit should apply and the jurisdictional limits of the PTAB's authority. Jim explains that when he is arguing a case before the PTAB, he is conscious of the evidence needed to build and support the appellate record because an appeal must be based on the administrative record, or it can not be part of the Federal Circuit's consideration.
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