Alerts4.22.20

U.S. Supreme Court Rules Decision to Institute Inter Partes Review Cannot Be Appealed

Supreme Court 2

Patent challenges by inter partes review (IPR) at the U.S. Patent and Trademark Office (USPTO) must meet procedural and substantive requirements for a trial to be instituted by the Patent Trial and Appeal Board (PTAB). One of the procedural limitations to instituting a trial is the statutory time bar of 35 U.S.C. Section 315(b) that provides one year to file a petition for IPR following a patent infringement lawsuit over the patent at issue. 

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