Addressing the scope of review of the Patent Trial and Appeal
Board's (PTAB's) application of the one-year time bar of 35
USC § 315(b) in deciding whether to institute an inter
partes review (IPR) proceeding, the Supreme Court of the
United States held that application of the time bar by the PTAB is
nonappealable. Thryv, Inc. v. Click-to-Call Techs., LP,
Case No. 18-916 (Supr. Ct. Apr. 20, 2019) (Ginsburg, Justice)
(Gorsuch, Justice, joined in part by Sotomayor, Justice,
dissenting). The Court explained that an appeal based on the
PTAB's application of the time bar for filing an IPR petition
is prohibited under 35 USC § 314(d), which states that the
PTAB's decision on institution "shall be final and
nonappealable."
