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High Court Kicks Back Two Patent Challenge Time Bar Decisions (1)

April 27, 2020, 2:29 PMUpdated: April 27, 2020, 5:26 PM

The Supreme Court has undone two Federal Circuit decisions involving the patent challenge time window after recently determining that an appellate court can’t review timeliness in such proceedings.

Pointing to its April 20 decision involving digital marketer Thryv, the high court Monday vacated and remanded the two patent cases—Superior Communications Inc. v. Voltstar Technologies Inc. and Atlanta Gas Light Co. v. Bennett Regulator Guards Inc.—to the U.S. Court of Appeals for the Federal Circuit.

Parties sued by patent owners for infringement have one year—from the time they were served a district court complaint —to challenge the validity ...