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The Intellectual Property StrategistColumns & DepartmentsIntellectual PropertyLitigationPatent Litigation

IP News

By Shaleen J. Patel

Do Not Pass Go? U.S. Supreme Court to Review Federal Circuit's Finding of Justiciability

The U.S. Supreme Court is set to determine just how "final and nonappealable" a decision to institute an inter partes review is. The highest court is primed to render yet another opinion related to patent and administrative law in Thryv, Inc. v. Click-to-Call Techs., L.P., No. 19-916 (2019) after oral arguments were heard on Dec. 9, 2019.

Since the Leahy-Smith America Invents Act (AIA) was enacted in 2011, parties accused of patent infringement have had new avenues of challenging patent validity outside of Article III courts. The most popular choice for litigants has been inter partes review (IPR). IPR allows the Patent Trials and Appeals Board (PTAB or Board) to expedite a litigation-like experience between parties to determine issues of patentability that could ultimately lead to a prior-granted patent being killed by the same agency that once gave it life.

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