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En Banc Federal Circuit Poised To Decide Important Question Concerning PTAB Appeals, <i>PTAB Litigation Blog</i>

En Banc Federal Circuit Poised To Decide Important Question Concerning PTAB Appeals, PTAB Litigation Blog

Visit the Jones Day PTAB Litigation Blog.

The en banc Federal Circuit is currently considering whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar on IPR petitions can be reviewed on appeal. In Wi-Fi One v. Broadcom Corp, the en banc Court is set to decide the following question:

Should this court overrule Achates Reference Publishing, Inc. v. Apple Inc., 803 F.3d 652 (Fed. Cir. 2015) and hold that judicial review is available for a patent owner to challenge the PTO’s determination that the petitioner satisfied the timeliness requirement of 35 U.S.C. § 315(b) governing the filing of petitions for inter partes review?

Read the full article at ptablitigationblog.com.

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