“Not Appealable” Means Just That Regarding Institution of IPR Timeliness Challenges: U.S. Supreme Court

Posted Apr 29, 2020 | Posted in Uncategorized

In a decision designed to adhere to Congressional intent of the America Invents Act (“AIA”) that post-grant patent reviews should be final, the U.S. Supreme Court ruled 7-2 on April 2 that a patent owner cannot appeal a ruling by the Patent Trial and Appeal Board (“Board”) to institute inter partes review (“IPR”) of a patent on the basis that the IPR petition was not timely filed.

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