Supreme Court Holds That IPR Time Bar Decisions Cannot Be Appealed

  • April 23, 2020
  • Category: Top Insight
    Market Sector: Networking

The US Supreme Court has ruled that appellate review is not available for applications of the inter partes review (IPR) statutory time bar, under which a defendant may not file an IPR petition more than one year after being served with a patent infringement complaint. On April 20, a majority of the Court held in Thryv v. Click-to-Call Technologies that because the time bar establishes a key threshold for the Patent Trial and Appeal Board’s (PTAB’s) decision to institute trial, it falls within the Court’s 2016 opinion in Cuozzo Speed Technologies v. Lee, which blocked the appeal of institution decisions and any matters “closely tied to” institution.

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