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ARTICLE · 22 JANUARY 2018

CAFC To Consider Popular IPR Time Bar Exception

Ropes & Gray LLP
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The Federal Circuit's softening of the appeal bar (35 U.S.C. § 314(d)) in WiFi One will now allow the Court to consider matters unrelated to the merits of an institution decision, and in some cases...

United StatesIntellectual Property
Scott A. McKeown
Scott A. McKeown
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WiFi One Opens the Door to Reconsideration of Well-Established PTAB Precedent

The Federal Circuit's softening of the appeal bar (35 U.S.C. § 314(d)) in WiFi One will now allow the Court to consider matters unrelated to the merits of an institution decision, and in some cases, well-established precedent of the Patent Trial & Appeal Board (PTAB).

For example, in Oracle Corp. v. Click-to-Call Techs. LP Case IPR2013-00312, Paper 26 (Oct. 30, 2013), Section (III.A) was designated precedential. This section explains that the dismissal of a lawsuit "without prejudice" nullifies the service of the complaint relative to 35 U.S.C. § 315(b). The Federal Circuit announced last Friday that it can now consider this precedent, post WiFi One.

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