Analysis

High Court To Scrutinize Appeals Of PTAB Time-Bar Decisions

Law360 (December 5, 2019, 4:27 PM EST) -- The U.S. Supreme Court will hear arguments Monday in a case that will determine the extent to which Patent Trial and Appeal Board decisions instituting review of a patent are subject to appellate review and puts a spotlight on the power of administrative agencies.

The justices will examine the Federal Circuit's holding that appeals of PTAB decisions that inter partes review is not time-barred are permitted. The petitioner in the case argues that appeals of those rulings are clearly barred by the America Invents Act, while the patent owner says prohibiting review would give the board too much power.

The outcome...

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