United States:
Appeal Vaporized: PTAB RPI Determinations Are Final
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The Federal Circuit's decision in ESIP Series 2 v. Puzhen
Life USA, LLC, No. 19-1659, held that the "no
appeal" provision found in 35 U.S.C. § 314(d)
("Section 314(d)") bars judicial review of PTAB
determinations regarding the identification of all real parties in
interest. The decision comes at the heels of the Supreme
Court decision in Thryv, Inc. v. Click-to-call Techs.,
L.P., 140 S. Ct. 1367 (2020), which held that the AIA's
"no appeal" provision precluded an appeal in a case where
the PTAB instituted review even though the petition was time barred
under 35 U.S.C. §314(b).
Read the full article at ptablitigationblog.com.
Originally published May 2020
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