En Banc Federal Circuit Majority Rules Time-Bar Determinations By PTAB Are Appealable, PTAB Litigation Blog

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In yesterday’s en banc decision in Wi-Fi One v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), the en banc Federal Circuit addressed issues regarding judicial review of the PTAB’s time-bar determinations in IPR proceedings. Answering the specific question presented in Wi-Fi One, a nine-judge majority opinion overruled the panel decision in Achates Reference Publishing, Inc. v. Apple Inc., 803 F.3d 652 (Fed. Cir. 2015), and held 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 IPR petitions.

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