Section 315(a) Calls At Institution Cannot Be Reviewed, PTAB Litigation Blog

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Recently, we reported about the Supreme Court’s decision holding that the AIA’s “no appeal” provision in 35 U.S.C. § 314(d) means that the PTAB’s decision not to institute IPR because a petition is time barred under 35 U.S.C. § 315(b) (“Section 315(b)”) cannot be appealed.  Thryv, Inc. v. Click-to-Call Techs, L.P., No. 18-916, 2020 WL 1906544 (Apr. 20, 2020).  A similar issue came before the United States Court of Appeals for the Federal Circuit in Ruiz Food Products, Inc. v. MacroPoint, LLCNo. 19-2113, slip op. (Fed. Cir. June 24, 2020).

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