Bloomberg Law
April 20, 2020, 2:29 PMUpdated: April 20, 2020, 10:30 PM

High Court Patent Ruling Could Set Broader Appeal Limits (2)

Ian Lopez
Ian Lopez
Senior Reporter
Matthew Bultman
Matthew Bultman

Patent Trial and Appeal Board decisions on whether validity challenges were filed on time aren’t reviewable by an appellate court, the Supreme Court said in a decision that could shield a range of board actions from judicial review.

The Supreme Court in a 7-2 decision in Thryv, Inc. v. Click-To-Call Technologies, LP concluded that a federal patent law provision that the PTAB’s decision to institute inter partes review of a patent is unappealable precludes review of a time-bar determination.

The ruling could curb the Federal Circuit’s ability to assess other issues arising in the initial stages of patent reviews, such ...

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