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US Supreme Court Seems Poised To Allow Patent Holders More Judicial Review Options

 
• By Brenda Sandburg

In case that could impact challenges of biopharma patents, Supreme Court questioned the consequences of not allowing courts to review PTAB institution decisions when petition may be time barred.

Facade of US Supreme court in Washington DC on sunny day

The US Supreme Court grappled with the question of whether courts can review decisions by the US Patent and Trademark Office's Patent Trial and Appeal Board to institute review of inter partes review (IPR) petitions when the Board finds the time bar on filing the petitions does not apply.

During 9 December oral argument in Thryv Inc. v. Click-To-Call Technologies LP, the justices seemed inclined to find that such decisions are subject to judicial review

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