Appeal Vaporized: PTAB RPI Determinations Are Final, PTAB Litigation Blog
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The Federal Circuit’s decision in ESIP Series 2 v. Puzhen Life USA, LLC, No. 19-1659, held that the “no appeal” provision found in 35 U.S.C. § 314(d) (“Section 314(d)”) bars judicial review of PTAB determinations regarding the identification of all real parties in interest. The decision comes at the heels of the Supreme Court decision in Thryv, Inc. v. Click-to-call Techs., L.P., 140 S. Ct. 1367 (2020), which held that the AIA’s “no appeal” provision precluded an appeal in a case where the PTAB instituted review even though the petition was time barred under 35 U.S.C. §314(b).
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