Firm Authors Amicus Brief Advocating Broader Judicial Review in IPR Appeals

February 23, 2017

The firm authored an amicus curiae brief on behalf of the New York Intellectual Property Law Association concerning the scope of judicial review over inter partes review proceedings conducted by the PTO. IPRs have become increasingly popular for challenging the validity of patents, and thus judicial review of PTO action is a critical issue for patent owners. Under current Federal Circuit precedent, the court will not consider a patent owner’s claim on appeal from a final decision that the PTO improperly instituted and decided the IPR based on a petition filed after an explicit one-year limitations period. The brief urges the Federal Circuit to overturn this precedent since it runs afoul of the “strong presumption” in favor of judicial review, as well as the Supreme Court’s recent decision in Cuozzo—which recognized that action by the PTO “outside its statutory limits” and “in excess of statutory jurisdiction” may be “properly reviewable.”

To read the full amicus curiae brief, click here.