Tagged with Cuozzo

Wi-Fi One’s Supplemental Brief Urges En Banc Federal Circuit to Permit Appellate Review of PTAB Time-Bar Decisions

Authors: Robert K. High III
Editor: James D. Stein

Wi-Fi One has submitted its supplemental briefing in Wi-Fi One, LLC v. Broadcom Corp., Nos. 2015-1944, -1945, -1946, urging the en banc court to overturn its decision in Achates Reference Publishing Inc. v. Apple Inc., 803 F.3d 652 (Fed. Cir. 2015), holding that that the PTAB’s decision regarding the timeliness of an IPR petition under 35 U.S.C. § 315(b) is unreviewable. In Achates, the Federal Circuit interpreted § 314(d), which makes the decision whether to institute “final and nonappealable,” as precluding this review. Continue reading

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En Banc Federal Circuit to Decide Reviewability of PTAB Time-Bar Decisions

Authors: James D. Stein
Editor: Jason E. Stach

The Federal Circuit has found that it may not review a PTAB determination that an IPR petition was timely-filed within 35 U.S.C. § 315(b)’s 1-year bar. Achates Reference Publishing Inc. v Apple Inc., 803 F.3d 652 (Fed. Cir. 2015). The law may soon change, as the Federal Circuit recently granted Wi-Fi One’s petition for rehearing en banc of its September decision that it may not review the PTAB’s finding that Broadcom’s IPR petitions were not time-barred. Wi-Fi One, LLC v. Broadcom Corp., Nos. 2015-1944, -1945, -1946 (Jan. 4, 2017). Continue reading

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Supreme Court Affirms Cuozzo : Agrees on BRI and Reviewability of Post-Grant Proceedings

Author: Ashley M. Winkler
Editor: Aaron J. Capron

Earlier this week, in Cuozzo Speed Technologies, LLC v. Lee, 579 U.S. __ (2016), the Supreme Court issued its first decision reviewing post-grant proceedings created by the America Invents Act (AIA) and affirmed the Federal Circuit in the two questions on appeal. Both issues challenged provisions of the AIA. First, the Court considered whether 35 U.S.C. § 314(d) bars judicial review of decisions to institute post-grant proceedings by the United States Patent and Trademark Office (USPTO). Second, the Court reviewed whether the rulemaking authority in 35 U.S.C. § 316(a)(4) permits the USPTO to regulate application of the broadest reasonable interpretation standard (BRI) during claim construction before the Patent Trial and Appeal Board (PTAB).

Reviewability of Post-Grant Proceedings

The Court held that “Section 314(d) bars . . . challenge[s] to the Patent Office’s decision to institute inter partes review.” Writing for the Court, Justice Breyer noted that the text of § 314(d) expressly states that institution decisions “shall be final and nonappealable.” The Court stated that interpreting this language to allow judicial review would “undercut one important congressional objective, namely, giving the Patent Office significant power to revisit and revise earlier patent grants.”

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