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4 Feb 2015, 1:52 pm by Lawrence B. Ebert
The CAFC did suggest an alternative:The answer is that mandamus may beavailable to challenge the PTO’s decision to grant a petitionto institute IPR after the Board’s final decision insituations where the PTO has clearly and indisputablyexceeded its authority.But the CAFC observed:Even if § 314 does not bar mandamus after a final decision,at least “three conditions must be satisfied before[a writ of mandamus] may issue. [read post]