Full Fed. Circ. Rules PTAB Time-Bar Rulings Are Appealable

Law360, New York (January 8, 2018, 12:04 PM EST) -- The Federal Circuit ruled en banc Monday that decisions by the Patent Trial and Appeal Board that an inter partes review petition is timely can be appealed, overruling previous decisions that barred appeals of such findings.

In a decision giving Wi-Fi One LLC a new opportunity to show that Broadcom Corp.'s challenge to its messaging patent was time-barred, the full court held by a vote of 9 to 4 that "the strong presumption in favor of judicial review of agency actions" means that decisions on the America Invents Act's time bar are subject to appeal.

"To overcome this presumption, Congress must...

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