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

Visit the PTAB Litigation Blog.

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).

Read the full article at ptablitigationblog.com.

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