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

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.