While it is common in appeals from ordinary district court litigation for appellate courts to substitute a proper legal rationale to affirm when the district court's grounds for its judgment are unsupportable, an agency appearing in court is no ordinary litigant. (ipwatchdog.com)
Most importantly, these features, as well as inter partes review's predecessors, indicate that the purpose of the proceeding is not quite the same as the purpose of district court litigation. (brookskushman.com)
The new AIA contested proceedings share many features with district court litigation and the prior USPTO interference and inter partes reexamination practices, which are being phased out. (sheppardmullin.com)