Appeal Vaporized: PTAB RPI Determinations Are Final, PTAB Litigation Blog
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).
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.