37 C.F.R. § 90.1
Scope
The provisions herein govern judicial review for Patent Trial and Appeal Board decisions under chapter 13 of title 35, United States Code. Judicial review of decisions arising out of inter partes reexamination proceedings that are requested under 35 U.S.C. 311, and where available, judicial review of decisions arising out of interferences declared pursuant to 35 U.S.C. 135 continue to be governed by the pertinent regulations in effect on July 1, 2012.
Notes of Decisions
Cited in 2
cases, 2014–2015 · leading case: Biogen Ma, Inc. v. Japanese Found. for Cancer Rsch., 785 F.3d 648 (Fed. Cir. 2015).
Biogen Ma, Inc. v. Japanese Found. for Cancer Rsch., 785 F.3d 648 (Fed. Cir. 2015). “” (emphasis added)); 10 37 C.F.R. § 90.1 (“[WJhere available, judicial review of decisions arising out of interferences declared pursuant to 35 U.”
Biogen Idec MA, Inc. v. Japanese Found. for Cancer Rsch., 38 F. Supp. 3d 162 (D. Mass. 2014). “” 37 C.F.R. § 90.1 . The regulation does not say that judicial review is available, nor does it say where it is available.”
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