Supreme Court to Review Appealability of Time-Bar Determinations
The Supreme Court will consider the question of whether time-bar determinations rendered by the PTAB are reviewable by the Federal Circuit. The AIA statute precludes institution of a trial proceeding when the petition is filed more than one year after the date on which the petitioner, real party in interest, or privy of the petitioner is served with a complaint alleging infringement. Parties at the PTAB have sought judicial review of PTAB determinations concerning the applicability of this time-bar provision. In Wi-Fi One, LLC v. Broadcom Corp., 878 F.3d 1364 (Fed. Cir. 2018), a divided Federal Circuit sitting en banc held that time-bar determinations under § 315(b) are subject to judicial review. The Supreme Court has granted certiorari to review this practice.