IP Alerts

June 24, 2019

Today the U.S. Supreme Court granted a writ of certiorari to Dex Media to answer this question: “Whether 35 U.S.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.” The Court will not consider a second question Dex Media had presented in their petition on whether § 315(b) bars institution of an IPR when the previously served infringement suit had been dismissed.

The decision of the Federal Circuit in Dex Media, Inc. v. Click To Call Technologies, L.P. was unpublished. In the Supreme Court appeal, the petitioners seek to overrule the Federal Circuit’s en banc decision in Wi-Fi One, LLC v. Broadcom Corp., reported in our earlier alert here.

Fitch Even attorneys are monitoring the Dex Media case and will report on the Court’s decision when it is available.
 

Fitch Even IP Alert^®