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ARTICLE · 12 AUGUST 2020

How High Court IPR Time-Bar Ruling Affects PTAB Practice

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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Earlier this year, in Thryv Inc. v. Click-to-Call Technologies LP, the U.S. Supreme Court held that parties cannot appeal Patent Trial and Appeal Board determinations of whether a petition is...

United StatesIntellectual Property
Lionel Lavenue
Lionel Lavenue
Cory C. Bell
Cory C. Bell
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Earlier this year, in Thryv Inc. v. Click-to-Call Technologies LP,1 the U.S. Supreme Court held that parties cannot appeal Patent Trial and Appeal Board determinations of whether a petition is timely in an inter partes review, reversing the en banc U.S. Court of Appeals for the Federal Circuit.

At institution, the PTAB must apply a statutory one-year time bar: If the patent owner has filed and served an infringement suit against the petitioner more than one year before the IPR is filed, the petition is time-barred and dismissed. Thryv clarifies that once the PTAB determines that the petition is time-barred or not, the decision cannot be appealed to the Federal Circuit.

Thryv follows another Supreme Court patent case, Cuozzo Speed Technologies LLC v. Lee, further limiting appellate review of decisions closely tied to the decision to institute. Thryv and Cuozzo form two important points on a line, one that trends toward broader discretion for the PTAB to

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