News & Analysis as of

Wi-Fi One

Faegre Drinker Biddle & Reath LLP

Reading the Supreme Court Tea Leaves in Dex Media Inc. v. Click-to-Call Technologies, LP

On June 24, 2019, the U.S. Supreme Court granted the petition for certiorari in Dex Media Inc. v. Click-to-Call Technologies, LP. Next term, the Court will determine whether 35 U.S.C. § 314(d) permits appeal of the U.S....more

Jones Day

Supreme Court To Decide Appealability of PTAB’s Time-Bar Determinations

Jones Day on

On June 24, in Dex Media, Inc. v. Click-To-Call Technologies, LP, No. 18-916 (U.S.), the Supreme Court agreed to review the question whether 35 U.S.C. § 314(d) permits appeal of the PTAB’s decision to institute an inter...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2019 Report: Federal Circuit Appeals from the PTAB - Summaries of Key 2018 Decisions: Wi-Fi One v. Broadcom, 878 F.3D 1364 (FED....

Broadcom sought inter partes review of three patents owned by Wi-Fi One. In response to Broadcom’s petitions, Wi-Fi One argued that the IPR was barred under 35 U.S.C. § 315(b) because Broadcom was in privity with certain...more

McDermott Will & Emery

Still No Privity or Additional Real Parties-in-Interest

On remand from the US Court of Appeals for the Federal Circuit en banc decision in Wi-Fi One, LLC v. Broadcom Corp., Case Nos. 15-1944; -1945; -1946 (Fed. Cir., Jan. 8, 2018), the Federal Circuit reaffirmed the portions of...more

Jones Day

Court Grants Rehearing In Light Of Wi-Fi One

Jones Day on

Eleven days after the Federal Circuit’s en banc opinion in Wi-Fi Onc, LLC v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), a three-judge panel granted a petition by patent owner Click-to-Call...more

Foley Hoag LLP

Timeliness Determinations for Inter Partes Review Now Subject to Appellate Review

Foley Hoag LLP on

On January 8, 2018, the en banc Federal Circuit, in Wi-Fi One, LLC v. Broadcom Corp., held that a PTAB decision upon institution as to whether a petition for inter partes review is timely under 35 U.S.C. § 315(b) is...more

Mintz - Intellectual Property Viewpoints

Wi-Fi, One v. Broadcom: En Banc Federal Circuit Held The Time-Bar Determinations (§ 315(b)) Appealable

n its first en banc decision of 2018, the Federal Circuit held that “judicial review is available for a patent owner to challenge the U.S. Patent and Trademark Office’s determination that the petitioner satisfied the...more

Proskauer - New England IP Blog

Federal Circuit Holds That IPR Time-Bar Determinations Can Be Appealed

Earlier this week, the Federal Circuit issued an en banc opinion in Wi-Fi One v. Broadcom that holds the PTAB’s determinations of whether an IPR petition was timely filed under 35 U.S.C. § 315(b) are appealable. In reaching...more

Morrison & Foerster LLP

Federal Circuit Finds Some Aspects of Inter Partes Review Institution Decisions Are Appealable

In an en banc decision issued today, January 8, 2018, the Federal Circuit ruled that a patent owner appealing an adverse inter partes review (IPR) decision can raise the issue whether the IPR should have been found to be...more

Latham & Watkins LLP

Federal Circuit to Address En Banc Appeals Based on AIA Time-Bar

Latham & Watkins LLP on

Federal Circuit to determine whether PTAB decisions concerning the America Invents Act’s one-year time-bar are appealable - Key Points: ..PTAB determinations regarding the one-year bar are not currently appealable...more

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