All Blog postsIn Thryv, Inc. v. Click-to-Call Technologies, LP, the Supreme Court of the United States overturned the Court of Appeals for the Federal Circuit, holding that 35 U.S.C. §314(d) precludes judicial review of Patent Trial and Appeals Board (PTAB) application of the one-year time bar in a decision to institute an inter partes review (IPR).
Read more »Tag: inter partes review
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Supreme Court Holds PTAB Decisions Concerning One-Year Time Bar to File IPR Are Not Judicially Reviewable Posted on: May 11, 2020 In: Intellectual Property & Technology
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PTAB Cannot Permit Self-Joinder or Issue-Joinder and POP Statutory Constructions Receive No Deference Posted on: March 25, 2020 In: Intellectual Property & TechnologyThe Federal Circuit ruled the Patent Trial and Appeals Board (PTAB) cannot permit a party to join itself as a party to its own existing inter partes review (IPR) petition and cannot permit adding new time-barred issues to an old petition by joinder.
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Supreme Court Agrees to Review Appealability of PTAB Time-Bar Rulings Posted on: June 28, 2019 In: Intellectual Property & TechnologyOn June 24, 2019, the United States Supreme Court agreed to review the question of whether 35 U.S.C. § 314(d) permits appeal of the Patent Trial and Appeal Board’s (PTAB) decision to institute an inter partes review (IPR) upon finding that 35 U.S.C. § 315(b)’s 1-year time bar to file an IPR does not apply.
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USPTO Supports “Counterintuitive” Interpretation of AIA in Amicus Brief to Fed Circuit Court of Appeals Posted on: March 07, 2019 In: Intellectual Property & TechnologyOral Arguments Scheduled for Next Week - In a curious legal scenario, the USPTO recently filed an amicus brief at the request of the Federal Circuit Court of Appeals, supporting a “counterintuitive” reading of the American Invents Act (AIA). This stems from an interesting argument made by Johnson & Johnson subsidiary company Janssen Oncology, Inc. regarding estoppel under the AIA.
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2018 in review – Inter Partes Review Developments, Part 1 of 2 Posted on: December 07, 2018 In: Intellectual Property & Technology
In one of the most heavily anticipated, and in some ways controversial, decision of the year, the Supreme Court ruled in Oil States Energy Services v. Green’s Energy Group to uphold the Patent Trial and Appeal Board’s (PTAB) authority to invalidate patents by inter partes review.
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