December 2012 This month, in Pregis Corp. v. Kappos, Nos. 10-1492, -1532 (Fed. Cir. Dec. 6, 2012), the Federal Circuit affirmed the district court’s dismissal of Pregis Corporation’s claim for judicial review under the APA of the PTO’s issuance of a competitor’s patent. The Court held that a third party cannot sue the PTO under the APA to challenge a PTO decision to issue a patent, as the comprehensive legislative scheme of the Patent Act precludes judicial review, and “competitors have an ‘adequate remedy in a court’ for the issuance of invalid patents.” Slip op. at 15 (quoting 5 U.S.C. §§ 701(a)(1), 704).
Read the full summary of the Court’s decision in next month’s edition of Last Month at the Federal Circuit.
Looking Ahead
