Deadline Dexterity: PTAB Has Authority To Issue Decisions After Statutory Deadline

Recently, in Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc., the Federal Circuit held for the first time that the Patent Trial and Appeal Board ("the Board") has the authority to issue a Final Written Decision even after the statutory deadline has passed.

Congress introduced post grant review ("PGR") and inter partes review ("IPR") in 2011 as part of the America Invents Act (AIA). Parties can use these processes to ask the Board to review the patentability of a patent's claims. Under the AIA, the Board must provide a Final Written Decision within one year of instituting the PGR or IPR; this can be extended for good cause for an additional six months.

In March 2018, Collegium petitioned the Board for PGR, challenging a Purdue Pharma patent directed toward "an abuse deterrent controlled release dosage form" of oxycodone. The Board instituted review in October 2018. However, in September 2019, Purdue Pharma filed for bankruptcy. This triggered a stay of the