SCOTUS Clarifies PTAB Institution Issues Not Subject to Appeal
Back In December I pointed out that the SCOTUS would likely tighten the PTAB appeal bar in Dex Media Inc. v. Click-To-Call Technologies, LP, explaining that, based on the oral argument, that several justices of the Court seemed to take the view that technical violations, such as 315(b) were too closely related to the institution determination of the agency. For example, Justices Kagan and Ginsburg explained it would be “a little bit silly to go back to square one” and that there was “something unseemly about nullifying the determination on the merits.” (transcript here)
Today’s majority decision, authored by Justice Ginsburg, presented no surprises.
Continue Reading PTAB Appeal Scope Recalibrated by SCOTUS