Federal Circuit Holds it Cannot Review PTAB Decision to Institute IPR
The Federal Circuit held that the Administrative Patent Trial and Appeal Board’s (“PTAB”) decision to institute an Inter Partes Review Proceeding (“IPR”) is not reviewable by the Federal Circuit on appeal. See Achates Reference Publishing, Inc. v. Apple Inc. This decision arose from an appeal by the patentee, Achates, of the PTAB’s decision that several…