Author: James D. Stein
Editor: Jeffrey A. Berkowitz
The Federal Circuit has ruled that it lacks jurisdiction to review a PTAB decision to vacate and terminate an IPR institution decision, either by appeal or writ of mandamus.
In GEA Process Eng’g, Inc. v. Steuben Foods, Inc., No. 15-1536 (Fed. Cir. Jun. 23, 2015), the Federal Circuit denied GEA Process’s parallel appeal and mandamus petition seeking review of the PTAB’s vacation of its institution decisions in IPR2014-00041, 00043, -00051, -00054, and -00055. In the IPRs, the PTAB initially instituted review but later vacated its institution decisions and terminated the proceedings after finding the petitions omitted GEA Process’s affiliate, GEA Procomac S.p.A, a real party-in-interest (RPI). Slip op. at 2-3. Correcting the petitions would have required granting a new filing date, but both petitioner parties were now time-barred under 35 U.S.C. §315(b), so the PTAB terminated the proceedings. See, e.g., IPR2014-00041, Paper No. 136 (Dec. 23, 2014). Continue reading