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The Intellectual Property StrategistSectionsLJN Newsletters

IP News

By Jeffrey S. Ginsberg and Brent T. Hagen
November 02, 2015

Federal Circuit: The PTAB Determination of the Timeliness of an IPR Petition Is Part of the Initial Decision to Institute an IPR, and Is Not Reviewable on Appeal

On Sept. 30, 2015, a Federal Circuit panel of Chief Judge Prost, Judge Lourie, and Judge Linn issued a unanimous opinion, authored by Judge Linn, in Achates Reference Publishing, Inc. v. Apple Inc., Case No. 2014-1767, -1788. The panel held that it could not consider Achates' appeal either on the timeliness of Apple's inter partes review (IPR) petition or on its merits, and dismissed the appeals.

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