Supreme Court Agrees to Revisit Whether IPR Time-Bar Decisions Can Be Appealed

June 28, 2019

Last August, a divided Federal Circuit held that the voluntary dismissal of a district court complaint without prejudice does not prevent a lawsuit from triggering the statutory time bar for inter partes review (IPR). That ruling followed a series of appellate battles over the issue of whether time-bar decisions may be appealed in the first place. Now, the US Supreme Court has partly granted certiorari as to that decision in Dex Media v. Click-to-Call Technologies, agreeing to address the question of whether time-bar decisions are subject to appellate review but declining to review the Federal Circuit’s holding as to the impact of dismissals without prejudice.

Subscription Required

This content requires a subscription to view

  • Over 7,000 news articles covering new patent cases, key policy decisions, and USPTO assignments
  • Advanced custom alerts for campaigns and entities
  • Proprietary litigation timelines
  • Full access to Federal Circuit, PTAB, and ITC dockets
  • Judge, venue, and law firm analytics