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No. 18-916October Term 2019Decided Apr 20, 2020

Docket 18-916October Term 2019 (2019–2020)

Thryv, Inc. v. Click-To-Call Technologies, LP

The case answered an important patent-procedure question about whether a PTAB timeliness decision can be challenged in court after review begins.

Case status

Current stage
Decided
Latest event
Decision released Apr 20, 2020
Case Accepted
Arguments
Decision ReleasedApr 20, 2020
What it's about

This case was about whether federal courts can review the Patent Trial and Appeal Board’s decision to start an inter partes review when the Board finds that the patent challenge was not filed too late under the one-year time limit in federal patent law. The dispute arose after the Board instituted review of Click-to-Call’s patent and later canceled claims, and Click-to-Call argued the review should never have been started because the petition was time-barred.

Question presented

1. Whether 35 U.8.C. § 314(d) permits appeal of the PTAB's decision to institute an inter partes review upon finding that§ 315(b)'s time bar did not apply. 2. Whether 35 U.8.C. § 315(b) bars institution of an inter partes review when the previously served patent infringement complaint, filed more than one year before the IPR petition, had been dismissed without prejudice.

Case path

United States Court of Appeals for the Federal Circuit / Decision released Apr 20, 2020

Area

Decided Supreme Court case

Briefing

What it's about

The Supreme Court resolved a fight over whether federal courts can review the Patent Trial and Appeal Board's decision to start an inter partes review after finding the patent challenge was not filed too late. The dispute arose after the Board reviewed Click-to-Call's patent and Click-to-Call said Thryv's challenge should have been blocked by the patent law's one-year deadline.

Impact

This matters to patent owners and companies accused of infringement because inter partes review can cancel patent claims. For example, if a petition is filed after the deadline, the ability to challenge the Board's timing call can decide whether the review goes forward at all.

What's next

This docket action is finished. The parties and future patent litigants must now follow the Supreme Court's answer when similar PTAB timing disputes arise.

What was the core dispute in Thryv v. Click-To-Call?

The case asked whether courts may review the PTAB's decision to start an inter partes review after rejecting a one-year time-bar objection. Click-to-Call said the petition came too late.

Why could this case matter in the real world?

It affects patent owners and accused infringers who use PTAB review to challenge patents. A timing decision can determine whether a major patent challenge goes forward.

What happens next after the Supreme Court's decision?

The Supreme Court has finished this case. Lower courts, the PTAB, and future parties will apply the Court's answer in similar timing disputes.

Decision

Decision record

What the Court decided

The case answered an important patent-procedure question about whether a PTAB timeliness decision can be challenged in court after review begins.

Impact

This matters to patent owners and companies accused of infringement because inter partes review can cancel patent claims. For example, if a petition is filed after the deadline, the ability to challenge the Board's timing call can decide whether the review goes forward at all.

Not official Court text.

Opinion documents