Several of the Board’s decisions in inter partes reviews are now on appeal. The statute specifically allows the Patent Office to intervene, which is bit like allowing a district court judge to intervene in the appeal of a DJ or infringement case. The Office has intervened in several of the appeals, and in each one, has come to the astonishing conclusion that the Board got it right:
In re Cuozzo Speed Technologies, 2013-1301; Helferich Patent Licensing v. CBS Interacative, 2104-1556; Softwview LLC v. Kyocera Corporation. Well then, if everything is sound, I guess the Federal Circuit work is done!
How the Office’s participation will facilitate appellate review or advance the administration of justice remains to be seen.