Federal Circuit Reverses Course: Certain IPR Institution Decisions Now Appealable
Yesterday, the Federal Circuit ruled en banc that decisions by the Patent Trial and Appeal Board (“PTAB”) concerning the timeliness of inter partes review petitions under 35 U.S.C. § 315(b) can be appealed. Wi-Fi One, LLC v. Broadcom Corp. As we previously reported here, a Federal Circuit panel previously held that 35 U.S.C. § 314(d)…