Insights

qtq80xmTi2b1080x675

Decision to Deny Institution not Reviewable Despite Prior PTAB Trial, PTAB Litigation Blog

Visit the PTAB Litigation Blog. 

In a split decision, the Federal Circuit dismissed three consolidated appeals holding that the PTAB’s decisions to deny institution were not appealable even though the PTAB previously had instituted the IPRs and proceeded through trial.  BioDelivery Sciences Int’l, Inc. v. Aquestive Therapeutics, Inc., 2019-1643, 2019-1644, 2019-1645 (Fed. Cir. Aug. 29, 2019).  Although the Supreme Court’s Cuozzo decision held that the PTAB’s decision whether to institute an IPR is not appealable, this case presented the unique situation of the PTAB instituting IPRs then, on remand, changing course and deciding to deny institution. 

Read the full article at www.ptablitigationblog.com.

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.

 
We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.