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

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.