Supreme Court Bars Time-Bar Appeals In PTAB Cases

Adam Charnes quoted in Law360's feature article on the U.S. Supreme Court case, Thryv, Inc. v. Click-To-Call Technologies, No. 18-916. The U.S. Supreme Court held that decisions ruling that an inter partes review petition was timely filed cannot be appealed from the Patent Trial and Appeal Board (PTAB). The Court’s 7-2 decision states that because the America Invents Act asserts that a PTAB decision instituting review are final and nonappealable, the lower court should not have ruled that appeals on the time-bar issue are allowed since it is not certain that Congress meant to prohibit them.