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FedEx v. Qualcomm: Fed Cir Rules PTAB Real-Party-in-Interest Challenges Unreviewable

The Federal Circuit issued a precedential decision on April 29, 2026, in Federal Express Corporation v. Qualcomm Incorporated that significantly narrows appellate review of Patent Trial and Appeal Board decisions. The court held that challenges to the PTAB's handling of real-party-in-interest disputes under 35 U.S.C. § 312(a)(2) cannot be appealed. The ruling treats RPI objections as integral to the institution decision itself, placing them beyond the scope of review under 35 U.S.C. § 314(d), which makes all institution rulings final and unreviewable absent constitutional violations or actions outside the agency's statutory authority.

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