Federal Circuit Allows USPTO to Defend Appeal from Inter Partes Reexamination
In Knowles Elecs. LLC v. Iancu, Knowles appealed the inter partes reexamination decision of the Board, which affirmed an examiner’s finding that certain claims were anticipated while other claims would have been obvious over various prior art references. The third-party requester declined to defend the judgment in its favor. The Director of the USPTO intervened to defend the Board’s decision, pursuant to 35 U.S.C. § 143. On appeal, the Court permitted the Director to intervene and affirmed the Board’s decision… Under current precedent and Article III challenges notwithstanding, in appeals from Board decisions in which the appellee has withdrawn, appellants should be prepared to argue against the Director in lieu of the withdrawn appellee. Further, such appellants should be prepared to rebut additional evidence which may be added to the record by the intervening Director.