Intellectual Property > IP Newsflash
01 Apr '16

In an appeal of a decision by the Patent Trial and Appeal Board (PTAB) denying the institution of an inter partes review (IPR) petition, the Federal Circuit found its hands tied, and held that it has no authority to review PTAB decisions instituting or denying IPR. Under 35 U.S.C. § 314(d), the determination “whether to institute an [IPR] under this section shall be final and nonappealable.” The court held that § 314(d) strips it of jurisdiction to review the PTAB IPR institution decisions.

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