IP Orgs, Industry Spar Over PTAB Time-Bar Appeals

Law360 (September 11, 2019, 7:30 PM EDT) -- The Federal Circuit rightly decided that patent owners can appeal Patent Trial and Appeal Board decisions that a petition challenging patents is not time-barred, intellectual property organizations have told the U.S. Supreme Court, as a handful of industry leaders shot back that such appeals shouldn't be permitted.

The Supreme Court received eight amicus briefs this week in Thryv Inc. v. Click-To-Call, in which it’s agreed to consider whether the America Invents Act allows patent owners to argue on appeal that a patent challenge was untimely, meaning it never should have been instituted. The Federal Circuit, in a high-profile en banc decision...

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