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En banc Federal Circuit rules IPR time-bar determinations are appealable

Michael Loney, New York

In Wi-Fi One v Broadcom, the Federal Circuit has held the time-bar determinations for instituting IPR at the PTAB are appealable. Observers believe this may foreshadow similar decisions for other areas of reviewability

The Federal Circuit sitting en banc has held that the time-bar determinations for instituting inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB) under Section 315(b) are appealable, in its Wi-Fi One v Broadcom opinion. The court...

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