Petition For Writ Of Mandamus Not An End Run Around Cuozzo, PTAB Litigation Blog

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The Federal Circuit recently denied Power Integrations, Inc.’s ("PI") attempt to obtain a writ of mandamus to circumvent the bar in 35 U.S.C. § 314(d) to appeal the Patent Trial and Appeal Board’s ("PTAB") decisions denying the institution of four inter partes review petitions. In re: POWER INTEGRATIONS, INC., __F.__ (Fed. Cir. 2018). The Court held that PI did not show it was entitled to the issuance of a writ of mandamus and that a mandamus would not be appropriate. Citing In re Dominion Dealer Sols., LLC, 749 F.3d 1379, 1381 (Fed. Cir. 2014), the Court stated that "the statutory prohibition on appeals from decisions not to institute inter partes review cannot be sidestepped simply by styling the request for review as a petition for mandamus."

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