By: Vorys, Sater, Seymour and Pease LLP.
The U.S. Court of Appeals for the Federal Circuit recently opened the door to reviewing one aspect of decisions to institute Inter Partes Review (IPR) under the America Invest Act (AIA). In Wi-Fi One, LLC. v. Broadcom Corp., No. 15-1944 (Fed. Cir. Jan. 8, 2018), the Federal Circuit held en banc that the twelve-month time-bar determinations under 35 U.S.C. §315(b) are subject to judicial review in spite of the statement in 35 U.S.C. §314(d) that decisions to institute IPR are “final and nonappealable.” Read more.
