The Federal Circuit, Supreme Court, and PTAB have been
addressing a number of big issues in 2017 and 2018. Here are the
cases you should know.
Recent Decisions
Appeal of PTAB Institution Decisions
After years of decisions applying a hardline rule that the
PTAB's decision whether or not to institute an IPR was not
subject to appeal, the Federal Circuit held en banc, that
the issue of whether a petitioner is time-barred from filing an IPR
petition under 35 U.S.C. § 315(b) – the one year time
bar after an infringement claim has been brought – can be
appealed to the Federal Circuit. Wi-Fi One LLC v. Broadcom
Corp., Nos. 15-1944, 15-1945, and 15-1946 (Fed. Cir. Jan. 8,
2018) (discussed
here). The court determined that § 315(b) creates a
condition precedent to the Director's authority to make an
institution decision. This decision is expected to result in
additional appellate challenges to other institution determinations
that do not relate directly to the merits of
