How High Court IPR Time-Bar Ruling Affects PTAB Practice

Law360 (July 31, 2020, 2:11 PM EDT) -- Earlier this year, in Thryv Inc. v. Click-to-Call Technologies LP,[1] the U.S. Supreme Court held that parties cannot appeal Patent Trial and Appeal Board determinations of whether a petition is timely in an inter partes review, reversing the en banc U.S. Court of Appeals for the Federal Circuit.

At institution, the PTAB must apply a statutory one-year time bar: If the patent owner has filed and served an infringement suit against the petitioner more than one year before the IPR is filed, the petition is time-barred and dismissed. Thryv clarifies that once the PTAB determines that the petition is time-barred or...

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