In Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., the Federal Circuit considered the impact of Cuozzo Speed Technologies, LLC v. Lee, 136 S. Ct. 2131 (2016) on the scope of appellate review of a PTAB decision to vacate an inter partes review institution decision and terminate the proceeding and concluded there
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The Federal Circuit Reaffirms Achates’ “Ultimate Authority to Invalidate” Test and Establishes a “Two-Part Inquiry” for Deciding Reviewability Husky Injection Molding v. Athena Automation, Nos. 2015-1726, -1727 (Fed. Cir. Sept. 23, 2016)
By Derek F. Dahlgren & Nancy J. Linck on
Posted in Appellate Decisions
In Husky Injection Molding v. Athena Automation, the Federal Circuit has again refused to review a decision underlying the Board’s institution decision, in this case, whether the Petitioner was barred from filing an inter partes review petition based on assignor estoppel. As in Achates, the court concludes that it lacks jurisdiction to conduct…
Click-To-Call–Still Ringing (For Now)–But Will We Get An Answer On Judicial Review Of PTAB Institution Decisions
By Martin M. Zoltick & Daniel R. McCallum on
Posted in Appellate Decisions
On Monday, June 27, the Supreme Court granted Click-to-Call’s petition for writ of certiorari, vacated the Federal Circuit’s judgment below, and remanded the case “for further consideration in light of Cuozzo Speed Technologies, LLC v. Lee, 579 U. S. ___ (2016).” Click-to-Call Technologies, LP v. Oracle, Corp., No. 15-1014. This so-called “GVR” order…