SCOTUS to Recalibrate Appeal Bar
Earlier this week the SCOTUS heard arguments in Dex Media Inc. v. Click-To-Call Technologies, LP. As a reminder, the issue presented was the scope of the appeal bar of 35 U.S.C. § 314(d) for AIA Trial Proceedings. More particularly, whether disputed violations of 35 U.S.C. § 315(b) are barred from appeal.
The court initially addressed the appeal bar in Cuozzo, commenting that the appeal bar would not preclude all appeals, such as “shenanigans” where the agency exceeds its statutory bounds. The Court addressed the bar again, Continue Reading PTAB Appeal Bar Likely to Be Tightened