Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
ON PETITION FOR REHEARING
DYK, Circuit Judge.
Medtronic, Inc. (“Medtronic”) has filed a petition for rehearing. Robert Bosch Healthcare Systems, Inc. (“Bosch”) opposes.
The original panel decision, following our decision in GTNX, Inc. v. INTTRA, Inc., 789 F.3d 1309 (Fed. Cir. 2015), held that a determination by the Patent Trial and Appeal Board (“Board”) to discontinue inter partes review proceedings was not reviewable on appeal under 35 U.S.C. § 314(d). The question is whether that decision is correct in light of the Supreme Court’s decision in Cuozzo Speed Technologies, LLC v. Lee, — U.S. -,…
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