In Thryv, Inc. v. Click-To-Call Technologies, LP (originally Dex Media Inc. v. Click-To-Call Technologies, LP), the Supreme Court will determine whether the decision to institute an inter partes review (“IPR”), which is argued to be time barred under 35 U.S.C. § 315(b) as filed beyond the one-year date the complaint for infringement was served on the petitioner, may be subject to judicial review after a final written decision of the PTAB to determine whether the petition for IPR was time-barred, despite the language of 35 U.S.C. § 314(d) that prohibits appeal of the USPTO Director’s determination whether to institute an IPR.
The case presents issues of statutory interpretation, judicial review and the Administrative Procedure Act (“APA”), and agency action in light of “statutory jurisdiction, authority, or limitations, or short of statutory right.” APA Section 706(2)(C).
The question presented is: Whether 35 U.S.C. § 314(d) permits appeal of the Patent Trial and Appeal Board’s decision to institute an inter partes review upon finding that 35 U.S.C. § 315(b)’s time bar did not apply.
Please join our expert, Rob Rando, in a discussion of the oral argument. Mr. Rando is co-Counsel on an amicus brief filed on behalf of the New York Intellectual Property Law Association (“NYIPLA”) in this case.

Featuring:

Mr. Robert J. Rando, Founder and Lead Counsel, the Rando Law Firm P.C.

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