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PTAB Decisions to Hear Reviews Can’t Be Appealed, Justices Told

Nov. 27, 2019, 5:53 PM

Case law and legislative text prohibit federal court appeals of U.S. Patent and Trademark Office decisions to review patents based on timing, a print and digital marketing company told the U.S. Supreme Court in its run-up to oral arguments.

Thryv Inc., formerly known as Dex Media Inc., Nov. 26 made the argument in a rebuttal to Click-to-Call Technologies LP’s brief claiming that the Federal Circuit has the right to review the agency’s decision to hold patent validity proceedings, known as inter partes reviews. Both sides will appear before the high court Dec. 9.

The eventual ruling could clarify when a ...

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