Overruling Achates: PTAB Time-Bar Decisions Are Reviewable

In an en banc decision, the US Court of Appeals for the Federal Circuit overruled its previous decision in Achates Reference Publishing v. Apple ( IP Update, Vol. 18, No. 10) and found that the bar on judicial review of institution decisions under 35 USC § 314(d) does not apply to decisions rendered by the Patent Trial and Appeal Board (PTAB) on whether an inter partes review (IPR) proceeding is time-barred under 35 USC § 315(b). Wi-Fi One, LLC v. Broadcom Corp., Case Nos. 2015-1944; -1945; -1946 (Fed. Cir., Jan. 8, 2018) (en banc) (Reyna, J, joined by Prost, CJ, and Newman, Moore, O'Malley, Wallach, Taranto, Chen and Stoll, JJ) (O'Malley, J, concurring) (Hughes, J, dissenting, joined by Lourie, Bryson and Dyk, JJ).