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On April 20, 2020, the Supreme Court issued its decision in Thryv, Inc. v. Click-To-Call Technologies, LP, No. 18-916, vacating the Federal Circuit’s decision on an appeal relating to a Patent and Trademark Office (PTO) decision to institute inter partes review proceedings, and effectively overruling the Federal Circuit’s en banc decision in Wi-Fi One, LLC v. Broadcom Corp., 878 F. 3d 1364 (Fed. Cir. 2018) (en banc). By a 7-2 vote, the Court closed a door that may have been left ajar in prior opinions on future challenges to Patent Trial and Appeal Board (PTAB) institution decisions.
The Supreme Court’s ruling, which was its fourth relating to the procedures and powers of the PTAB, leaves little room for appeals of institution decisions. The debate between the majority opinion and the dissent may also offer hints about the Court’s views of today’s patent landscape and the likely upcoming challenges to the constitutionality of the PTAB.
Specific topics covered by the Briefing, to be given by Eugene M. Paige of Keker, Van Nest & Peters LLP, will include:
- A review of the statutory history, relevant prior decisions, and legal proceedings leading up to the decision
- A summary of the opinion, including:
- the reasoning behind the majority’s decision on the scope of the bar on appeals of institution decisions
- the dissent’s objections to elevating what it considered to be dicta from the Cuozzo case into the majority’s holding
- The likely impact of the decision on pending and future appeals of IPR proceedings
- The significance for future cases of the manner in which the Court framed the issues