WiFi One, LLC v. Broadcom Corp., Fed. Cir., No. 2015-1944, amicus brief filed 2/23/2017
The statute (35 U.S.C. 314(d)) barring appeals of Patent Trial and Appeal Board decisions to institute inter partes review proceedings (IPR) does not apply to the statute (35 U.S.C. 315(b)) prohibiting the Board from instituting an IPR on a petition filed more than one year after the petitioner was sued for infringement, according to an AIPLA amicus brief to the en banc Federal Circuit.
The brief noted that the non-appealability provision in Section 314 is limited to determinations “under this section,” which are primarily concerned with the sufficiency of the petition. The brief explained that the time bar under Section 315, by contrast, is an express limitation on the authority of the Board to institute an IPR.
Upcoming Events
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2025 Women in IP Law Global Networking Event
April 3, 2025
The annual Global Networking Event connects intellectual property practitioners from around the world for a day of networking, education, and creating meaningful connections. This year’s theme, Innovation and Collaboration, is an opportunity for the AIPLA Women in IP Law Committee to come together and discuss how women drive innovation and foster collaboration in their workplace. -
World IP Day 2025
April 30, 2025 4:00 PM to 7:00 PM
Join AIPLA and partner organizations on April 30 in Washington, DC, for a special three-hour program to celebrate World Intellectual Property Day 2025. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “IP and Music: Feel the Beat of IP.”