By Kevin E. Noonan — The Patent Trial and Appeal Board (PTAB) has benefited, particularly after enactment of the Leahy-Smith America Invents Act, from the deference to its factual findings mandated by the Supreme Court’s interpretation in Dickenson v. Zurko of the application (deferential for factual determinations) of the standard-of-review provisions in the Administrative Procedures Act. This deference does not extend to the Board’s decisions based on legal standards nor can the PTAB escape from Federal Circuit review of its reasoning (or failure to provide its reasoning), requirements illustrated in the Court’s decision in In re Theripion. The case arose…
