On Monday, the U.S. Supreme Court granted a petition for writ of certiorari to take up Dex Media Inc. v. Click-to-Call Technologies, LP on appeal from the Court of Appeals for the Federal Circuit. The case will ask the nation’s highest court to determine whether 35 U.S.C. § 314(d), which states that decisions to institute inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) are final and non-appealable, permits appeal of IPR institution decisions upon a finding that the one-year time bar under 35 U.S.C. § 315(b) doesn’t apply.
Litigation
- Judge Lucy Koh Tapped for Ninth Circuit Alongside Seven Other Biden Nominees to Federal Bench
- O’Malley Splits from Majority in CAFC Denial of Mandamus to Stop IPR Institution on Patents Subject to Arbitration
- U.S. District Court Holds that AI Algorithms Cannot Be Listed as Inventors on Patents
- Patent Damages Laws Regarding Apportionment are Inapplicable to Breach of Contract (FRAND) Claims
- CAFC: TTAB Never Had a Pre-Arthrex Appointments Clause Issue
Recent Posts
- IPWatchdog LIVE Event Wraps Up with Featured Speakers Makan Delrahim and Vishal Amin
- Iancu, Kilbride, Israel Separate Fact from Fiction During IPWatchdog LIVE Panel on TRIPS IP Waiver
- Qualcomm’s Mark Snyder Headlines IPWatchdog LIVE Day 2: ‘The U.S. Needs a New Innovation Policy’
- Tillis and Leahy Urge USPTO to Address Inconsistent Prior Art Statements by Patent Applicants at the FDA
- Report: Almost One-Third of IPR Proceedings are Settled