Whether more Federal Circuit judges will follow the lead of the Hodges decision and show an inclination to reverse when the USPTO fails to carry its burden during examinations remains to be seen.
What is immediately clear, attorneys said, is that the Federal Circuit is carefully considering potential remedies. And it is something that applicants and patent owners challenging a USPTO decision should be prepared to weigh in on during appeal. Wright said the question of relief in an appeal can sometimes be given short shift. But it is important, attorneys said, to make a clear request for relief and have a legal basis for the request relief.
Even before the case reaches the Federal Circuit, applicants and patent owners should make a concerted effort to develop the record — starting with the examiner and continuing through the PTAB — in order to give the appeals court all the relevant evidence, attorneys said. Save my name, email, and website in this browser for the next time I comment. Skip to content. Leave a Comment Cancel Reply Your email address will not be published.
Greendrake Greendrake Add a comment. Active Oldest Votes. When is each option used? This is backed up by the United States Supreme Court in Anderson v City of Bessemer US , "The trial judge's major role is the determination of fact, and with experience in fulfilling that role comes expertise.
As the court has stated in a different context, the trial on the merits should be 'the 'main event' … rather than a 'try-out on the road'' …" It would also deprive the appellate court of valuable time to hear further appeals on other important points of law.
Does anything prevent the lower court from reaching the same outcome? Improve this answer. Matthew Matthew 3, 1 1 gold badge 6 6 silver badges 22 22 bronze badges. Sign up or log in Sign up using Google. Sign up using Facebook. Sign up using Email and Password. Post as a guest Name. Email Required, but never shown. Law Stack Exchange is for educational purposes only and is not a substitute for individualized advice from a qualified legal practitioner.
In this case the trial court really is ordered to take only one action as directed by the Court of Appeals. For the person appealing, this is the best and most desirable result. It is very good to evaluate the appeal issues and determine if they might result in a reverse and remand, and require new hearings or new trial in front of the same trial judge that made the error and more spending on litigation , or might they result in a reverse and render which means that the case will just be simply sent back to the trial judge to enter the new judgment directed by the Court of Appeals.
Reverse and Remand Some cases will result in a reversal and remand. Reverse and Render Perhaps the best result is a reverse and render. Is it true that the judge has to tell me the basis of the ruling after trial?
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