News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Today’s Opinions – May 28, 2020

This morning the Federal Circuit issued one nonprecedential order in a patent case vacating the court’s judgment and dismissing the appeal for lack of appellate jurisdiction. Here is text from the order.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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Featured / Supreme Court Activity

Breaking News – Supreme Court Rules PTAB Inter Partes Review Time-Bar Decisions Unappealable

This morning the Supreme Court issued its opinion in Thryv, Inc. v. Click-to-Call Technologies, LLC. The Court held that time-bar decisions made by the Patent Trial and Appeal Board when determining whether to institute inter partes review proceedings are not appealable. Justice Ginsburg authored the majority decision. Justices Gorsuch and Sotomayor dissented.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. It was an exceptionally busy week. In granted cases, the Supreme Court decided Peter v. NantKwest, Inc. and heard oral arguments in four of its other cases. As for petitions cases, two petitions were denied and four new responses, two new replies, and three new amicus briefs were filed. Here are the details.

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Argument Recap / Featured

Argument Recap – Thryv, Inc. v. Click-to-Call Technologies, LP

Yesterday the Supreme Court heard oral arguments in Thryv, Inc. v. Click-to-Call Technologies, LP, a case addressing whether a patent owner has the right under the patent statute to appeal a determination by the Patent Trial and Appeal Board that a petition for inter partes review was not filed after a statutory deadline. In short, while Justice Gorsuch appeared to agree with the Federal Circuit’s conclusion that patent owners have that right, several other Justices, and particularly Justice Kagan, seemed to harbor significant doubt that Congress had not eliminated the ability to appeal in this circumstance.

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Argument Preview / Featured

Argument Preview – Thryv, Inc. v. Click-To-Call Technologies, LP

Does the patent statute permit patent owners to appeal decisions by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board that petitions for inter partes review were not filed late? Or, under the statute, are these decisions simply unreviewable? The Supreme Court will tackle these questions on Monday, when it will hear argument in Thryv, Inc. v. Click-To-Call Technologies, LP.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, various briefs were filed in Romag Fasteners, Inc. v. Fossil, Inc. and Thryv, Inc. v. Click-to-Call Technologies, LP. In addition, one new pro se petition was filed, along with two new amicus briefs in other cases. Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Happy Thanksgiving! Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, the only case with any activity was Thryv, Inc. v. Click-To-Call Technologies, LP, in which the petitioner filed its reply brief. As for petitions, the Court denied review in three cases, parties filed three responses in opposition and one reply, and a third party filed an amicus brief in one case. We have the details.

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