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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

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.

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

Timing

Decided April 20, 2020

The Court released its decision on April 20, 2020 without hearing oral argument.