Justices Again Decline to Review Retroactive Patent Challenges

The U.S. Supreme Court declined to review two issues raised frequently by patent owners who are unhappy their patents are invalidated in an administrative process.

Ultratec Inc. argued the U.S. Patent and Trademark Office violated its due process rights by invalidating in inter partes review eight captioned telephone patents that were issued before IPR became available. The agency’s action cost it a $44.1 million infringement verdict against CaptionCall LLC, it said in a petition for review.

The patent owner also wanted the Supreme Court to review the U.S. Court of Appeals for the Federal Circuit’s practice of affirming Patent ...