Board of Regents of the University of Texas System v. Baylor College of Medicine (Fed. Cir. 2020)

By Kevin E. Noonan — Any patent litigant unwilling to acquiesce to an adverse judgment from the Patent Trial and Appeal Board (PTAB) can appeal to the Federal Circuit. 28 U.S. Code § 141. But the right to appeal is not the same as the wisdom of filing an appeal, as illustrated by the decision of the Federal Circuit last week in Board of Regents of the University of Texas System v. Baylor College of Medicine. The case arose over an inter partes review petitions filed by Baylor against the University of Texas Board of Regents (UT). The Board filed motions…