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
-
2025 IP Practice in Japan Pre-Meeting - Rancho Mirage, CA
January 27 to 28, 2025
The IP Practice in Japan Committee is planning a pre-meeting before the 2025 Leadership Forum. The program will run a full-day on Monday, January 27 and in the morning for half-day on Tuesday, January 28. -
2025 Leadership Forum
January 29 to 30, 2025
AIPLA Leadership Forum – Elevate Yourself, Inspire the Future. This invitation-only two-day program will address building strong leadership skills for all levels of experience. More details coming soon. -
2025 AIPLA Spring Meeting
May 13 to 15, 2025
Save the Date! The 2025 Spring Meeting is a 2.5 day conference focused on trending topics in IP law. Registration opens February 2025.