Do Not Pass Go? U.S. Supreme Court to Review Federal Circuit’s Finding of Justiciability

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Shaleen J. Patel

This article was published in February 2020 issue of IP Strategist.  Copyright © 2020 ALM Media Properties, LLC.  It is republished here with permission.

The U.S. Supreme Court is set to determine just how “final and nonappealable” a decision to institute an inter partes review is. The highest court is primed to render yet another opinion related to patent and administrative law in Thryv, Inc. v. Click-to-Call Techs., L.P., No. 19-916 (2019) after oral arguments were heard on Dec. 9, 2019. Continue reading “Do Not Pass Go? U.S. Supreme Court to Review Federal Circuit’s Finding of Justiciability”

PTAB Identifies Two Prior Decisions as Precedential

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Edwin V. (Ted) Merkel

The PTAB designated its termination decision in Infiltrator Water Technologies, LLC v. Presby Patent Trust, IPR2018-00224 (Paper 18)(entered October 1, 2018) as precedential on September 9, 2019, and its decision denying institution in Cisco Systems, Inc. v. Chrimar Systems, Inc., IPR2018-01511 (Paper 11)(entered January 31, 2019) as precedential on August 29, 2019.  These cases illustrate application of the Federal Circuit’s decision in Click-to-Call Technologies, LP v. Ingenio, Inc., 899 F.3d 1321 (Fed. Cir. 2018), which held that 35 U.S.C. § 315(b) “unambiguously precludes the Director from instituting an IPR if the petition seeking institution is filed more than one year after the petitioner, real party in interest, or privy of the petitioner ‘is served with a complaint’ alleging patent infringement,” and that § 315(b) “does not contain any exceptions or exemptions for complaints . . . that are subsequently dismissed, with or without prejudice.”  Click-to-Call, 899 F.3d at 1330.

Continue reading “PTAB Identifies Two Prior Decisions as Precedential”