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The Intellectual Property StrategistColumns & DepartmentsCopyrightsIntellectual PropertyLitigationPatent Litigation

IP News

By Howard Shire and Shaleen Patel
June 01, 2020

Article III Inter Partes Review Decision Precluded By Congress, SCOTUS Rules

In Thryv, Inc. v. Click-to-Call Techs., L.P., No. 18-916, 2020 U.S.P.Q.2d 10373 (Apr. 20, 2020), the U.S. Supreme Court ruled that Congress precluded Article III judicial review of a Patent Trial and Appeal Board (PTAB) decision to institute inter partes review (IPR), even if such a decision may have been made erroneously. The Court found that 35 U.S.C. §315(b)'s time bar cannot be reviewed by a federal court. No. 18-916 (Apr. 20, 2020). Justice Ginsberg penned the 7-2 majority opinion, finding that the decision in Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131 (2016), controlled.

In 2001, Inforocket.com sued Keen, Inc. for infringement of U.S. Patent No. 5,818,836 (the '836 Patent). Subsequently Keen, Inc. acquired Inforocket.com, and, as part of the merger, the parties dismissed the suit without prejudice in 2003. Keen, Inc. went through a series of mergers, acquisitions, and name changes from 2003 to 2019 and is now named Thryv, Inc. While the mergers and acquisitions were ongoing, the '836 Patent was assigned to Click-to-Call Technologies, L.P. and was asserted against various defendants. Thryv, the owner of the '836 Patent in another life, found itself as one of the defendants accused of infringing the same. See generally, Click-To-Call Techs., L.P. v. Ingenio, Inc., 899 F.3d 1321 (Fed. Cir. 2018).

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