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 ...