In Wi-Fi One, the Federal Circuit held en banc that time-bar determinations by the PTAB under      § 315(b) are appealable and remanded the associated IPRs for further proceedings pertaining to the time-bar issue.

Appeals from IPR decisions of the PTAB are limited in scope by § 314(d), which states that “the determination by the

In Ultratec, the Federal Circuit highlighted several problems with the Patent Trial and Appeal Board’s (“PTAB” or “Board”) permissive rules of trial proceedings and held that the PTAB abused its discretion in the consideration of supplemental information.

By way of background, Ultratec sued Captioncall for infringement of eight patents directed to systems for assisting