Fed. Circ. Says Thryv Bars Appeals Of CBM Determinations
By Britain Eakin (November 17, 2020, 9:29 PM EST) -- In a case on remand from the U.S. Supreme Court, the Federal Circuit ruled Tuesday that Patent Trial and Appeal Board decisions about whether a patent qualifies for covered business method review cannot be appealed in keeping with the high court's precedential decision in Thryv.
In Thryv Inc. v. Click-to-Call Technologies LP, the Supreme Court held in April that the PTAB's decision that a petition for inter partes review was not time-barred is unappealable since that determination is closely tied to the decision on whether to institute review, which isn't appealable. The Federal Circuit said in its precedential decision Tuesday that it saw "no...
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