Civil Litigation,
Intellectual Property
Jan. 10, 2018
Federal Circuit now says PTAB time-bar decisons are appealable
Patent owners wishing to challenge a Patent Trial and Appeal Board decision to institute an inter partes review, where the petition was alleged to be time-barred under the one-year statutory window, can now appeal that ruling to the U.S. Court of Appeals for the Federal Circuit.
Eliot D. Williams
Partner
Baker Botts LLP
Email: eliot.williams@bakerbotts.com
Eliot is an Intellectual Property partner in the firm's Palo Alto and San Francisco offices.
Patent owners wishing to challenge a Patent Trial and Appeal Board decision to institute an inter partes review, where the petition was alleged to be time-barred under the one-year statutory window, can now appeal that ruling to the U.S. Court of Appeals for the Federal Circuit. That is the holding of the en banc majority in an opinion authored by Judge Jimmie Reyna on Tuesday in Wi-Fi One, LLC v. Broadcom Corp. The ruling overrules the Fed...
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