Supreme Court Bars Time-Bar Appeals In PTAB Cases

Law360 (April 20, 2020, 10:26 AM EDT) -- The U.S. Supreme Court ruled Monday that decisions that an inter partes review petition was timely filed cannot be appealed, restricting the arguments patent owners can make when appealing Patent Trial and Appeal Board decisions.

The Supreme Court has issued a decision restricting the arguments patent owners can make when appealing PTAB decisions. (Law360) In a 7-2 decision penned by Justice Ruth Bader Ginsburg, the high court said that since the America Invents Act states that the PTAB decisions instituting review are "final and nonappealable," the Federal Circuit was wrong to hold in 2018 that appeals on the time-bar issue are allowed...

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