US Federal Circuit Rules That PTAB Timeliness Rulings for IPR Petitions Are Subject to Judicial Review

January 12, 2018

In a 9-4 split, the Federal Circuit sitting en banc ruled that Patent Trial & Appeal Board (PTAB) determinations as to whether an inter partes review (IPR) petition was timely filed are reviewable on appeal, overruling a previous panel decision holding that judicial review was not available. The decision in Wi-Fi One, LLC v. Broadcom Corp., allows patent owners to appeal PTAB determinations as to the timeliness of an IPR petition, notwithstanding that the Patent Act prohibits judicial review of PTAB decisions as to whether to institute IPR proceedings. 

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