How High Court IPR Time-Bar Case Affects Gov't Contractors

Law360 (May 12, 2020, 4:44 PM EDT) -- In its widely reported April 20 decision in Thryv Inc. v. Click-To-Call Technologies LP,[1] the U.S. Supreme Court held that institution decisions by the Patent Trial and Appeal Board relating to whether an inter partes review petition is timely under Title 35 of U.S. Code Section 315(b) are not appealable.[2] 

Relying on its decision in Cuozzo Speed Technologies LLC v. Lee,[3] the Supreme Court explained "that § 314(d) bars review at least of matters 'closely tied to the application and interpretation of statutes related to' the institution decision."[4]

It found that the PTAB's determinations under Section 315(b) easily satisfied that standard...

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