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Federal Circuit grants en banc review of PTAB time-bar orders

Michael Loney, New York


The Federal Circuit has granted en banc rehearing in Wi-Fi One v Broadcom. The court will consider whether judicial review is available for a patent owner to challenge the USPTO’s determination that the petitioner satisfied the timeliness requirement governing the filing of IPR petitions

The Federal Circuit has granted a petition for rehearing en banc of three inter partes review (IPR) appeals, in Wi-Fi One v Broadcom.  

In an order, the appellant and appellee have been asked to file supplemental briefs, addressing the question:

"Should this court overrule Achates Reference Publishing Inc v Apple Inc, 803 F.3d 652 (Fed Cir 2015) and hold that judicial review is available for a patent owner to challenge the PTO’s determination that the petitioner satisfied the timeliness requirement...


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RT @EU_IPO: How many EUTM and RCD applications were filed in 2016? From which country did most applications come from? Find out: https://t.…

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Interesting article by former EPO Board of Appeal chair https://t.co/NLtbyK6xei

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