Supreme Court Holds Institution Time Bar Decisions Cannot Be Reviewed

This week, the United States Supreme Court interpreted the scope of the AIA's "no appeal" provision found in 35 U.S.C. § 314(d) ("Section 314(d)"). Thryv, Inc. v. Click-to-Call Techs, L.P., No. 18-916, 2020 WL 1906544 (Apr. 20, 2020). In this case, the Court was asked to resolve whether Section 314(d)'s bar on judicial review of the Board's institution decisions precludes appeal in a case where the Board instituted review even though the petition was time-barred under 35 U.S.C. § 315(b) ("Section 315(b)"). The Court held that because "the agency's application of Section 315(b)'s time limit" is "closely related to its decision whether to institute inter partes review," institution decisions involving Section 315(b) are not appealable under Section 314(d). Id., at *2.