In Thryv, Inc v. Click-To-Call Technologies, LP, 140 S. Ct. 1367 (2020), the Supreme Court held that patent owners cannot appeal determinations by the Patent Trial and Appeal Board declining to apply the time bar of 35 U.S.C....more
The question of whether the United States Court of Appeals for the Federal Circuit Court of Appeals has any right to examine a decision of the Patent Trial and Appeal Board (PTAB) to institute inter partes review or post...more
Last week was September Court week, marking the unofficial end of summer for Federal Circuit practitioners. The Court issued a total of 25 decisions, including 8 Rule 36 summary affirmances in cases argued last week, as well...more
At Federal Circuitry blog, we like to check in once in a while on what the Federal Circuit is doing in its orders that don’t get posted on the public website. Those orders often offer nuggets about practice at the Federal...more
In the first half of 2020, several notable decisions further shaped the course of patent law, with rulings from the Supreme Court and Federal Circuit impacting PTAB proceedings, as described below...more
In the wake of its six-week-old decision in Thryv, Inc. v. Click-to-Call Technologies, LP, the Supreme Court of the United States has now granted certiorari in an appeal of another case arising from a Federal Circuit appeal...more
The U.S. Supreme Court recently construed the § 314(d) appeal bar in inter partes reviews (IPRs) as precluding appeals from time-bar determinations per § 315(b). Thryv, Inc. v. Click-to-Call Techs., LP, 140 S. Ct. 1367...more
The Supreme Court of the United States has recently decided that the discretion of the Patent Trial and Appeal Board (“Board” or “PTAB”) to institute an inter partes review (“IPR”), despite challenges to its timeliness,...more
In Thryv, Inc. v. Click-to-Call Technologies, LP, the Supreme Court held that the Patent Trial and Appeal Board (Board) decision whether an inter partes review (IPR) petition was timely filed could not be appealed. In a...more
The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more
Addressing the scope of review of the Patent Trial and Appeal Board’s (PTAB’s) application of the one-year time bar of 35 USC § 315(b) in deciding whether to institute an inter partes review (IPR) proceeding, the Supreme...more
Despite the current environment of social distancing, the United States Patent and Trademark Office (USPTO) has continued full operations while eliminating face-to-face interactions. For example, Patent Trial and Appeal Board...more
Any person may challenge the validity of a U.S. patent on the basis that previously issued patents or publications render the patent’s claims invalid as being anticipated by the prior art or obvious in view of the prior art,...more
“I'm willing to admit that I may not always be right, but I am never wrong,” Samuel Goldwyn once said, and the same is true for the Patent Trial and Appeal Board (PTAB) when it comes to determining the timeliness of inter...more
On April 20, the U.S. Supreme Court issued its decision in Thryv, Inc. v. Click-to-Call Techs., LP, No. 18-916 (S. Ct. Apr. 20, 2020), finding that the PTAB’s decision to deny institution of an IPR under 35 U.S.C. § 315(b) is...more
This week, the United States Supreme Court interpreted the scope of the AIA’s “no appeal” provision found in 35 U.S.C. § 314(d) (“Section 314(d)”). Thryv, Inc. v. Click-to-Call Techs, L.P., No. 18-916, 2020 WL 1906544 (Apr....more
Yesterday, in Thryv, Inc. v. Click-To-Call Technologies LP, the Supreme Court held that Patent Trial and Appeal Board (“PTAB”) decisions regarding the time limit for filing inter partes reviews (“IPRs”) are not subject to...more
The Decision. On April 20, 2020, the U.S. Supreme Court ruled that decisions by the Patent Trial and Appeal Board (PTAB) to institute inter partes review (IPR) are not appealable, even if such institution decisions may...more
Addressing the scope of review of the PTAB’s application of the one-year time bar of 35 U.S.C. § 315(b) in deciding whether to institute an IPR proceeding, the US Supreme Court held that the PTAB’s application of the time bar...more
- The Supreme Court ruled 7-2 in Thryv, Inc. v. Click-to-Call Technologies, LP, that the PTAB’s application of the one-year time limit for petitions for inter partes review, set out in 35 U.S.C. § 315(b), is not subject to...more
The America Invents Act (AIA) authorizes the Patent Trial and Appeal Board (PTAB) to cancel patent claims that never should have been issued but prohibits the PTAB from acting on petitions for review brought more than one...more
On April 20, 2020, in Thryv, Inc. v. Click-to-Call Techs., LP, 590 U.S. __ (2020), the Supreme Court extended its decision in Cuozzo Speed Techs., LLC v. Lee, 579 U.S. __ (2016) to prohibit appeals of decisions from the...more
Today, the Supreme Court held that a Patent Trial and Appeal Board determination of whether an inter partes review petition is timely filed under 35 U.S.C. § 315(b) is not judicially reviewable, pursuant to § 314(d). In so...more
On Monday, in Thryv, Inc. v. Click-to-Cal Technologies, the Supreme Court held that § 315(b) time-bar determinations are not subject to judicial review. In this 7-2 decision penned by Justice Ginsburg, with Justices Gorsuch...more
The Supreme Court yesterday narrowed the scope of judicial review of proceedings before the Patent Trial and Appeal Board (PTAB) in Thryv, Inc. v. Click-to-Call Technologies, LP. Thryv had petitioned the PTAB to institute an...more