On April 20, 2020, the Supreme Court of the United States issued its decision in Thryv Inc. v. Click-to-Call Technologies, which determined that decisions by the Patent Trial and Appeal Board (PTAB) where an inter partes review (IPR) petition was timely filed cannot be appealed. The ruling overturned the Federal Circuit’s ruling 2018 in Wi-Fi One LLC v. Broadcom Corp. Law360 reached to Finnegan partner Kevin Rodkey for his thoughts on the decision.
Kevin believes once the board has instituted review and made a decision on the time-bar that cannot be appealed, it may not be interested in looking at the issue again. He said, “I think there is incentive for the board to not expend resources on a challenge where a patent owner might try to raise [the time bar] post-institution. The board might already be looking at the merits."
Read the full article here.
