Jenner & Block

Team Submits Amicus Brief in Supreme Court Patent Case Focused on Inter Partes Review

In Thryv, Inc. v. Click-to-Call Technologies, LP, the US Supreme Court will determine whether the Federal Circuit has jurisdiction to hear an appeal of the Patent and Trademark Board’s decision that a petition for inter partes review is time-barred.  The firm team submitted an amicus brief on behalf of the Patent Trial and Appeal Board (PTAB) Bar Association, a voluntary bar association whose members practice before the Patent Trial and Appeal Board.  The association’s nearly 575 members include a broad spectrum of owners, users and challengers of intellectual property rights.

The brief notes that the association’s members have a strong interest in the outcome of the case; it provides the Court will important context about the inter partes review process.

“The PTAB Bar Association takes no position on whether time-bar issues are reviewable under the circumstances of this case,” the brief concludes.  “Still, the PTAB Bar Association submits this brief to highlight that: (1) time-bar issues arise in other contexts, too, including some that may not be subject to appellate review under current law; and (2) the decision in this case may have major implications, within the section 315(b) context and beyond, for both patent owners (who generally favor review) and patent petitioners (who generally do not favor review).”

The team writing the brief includes Partners Adam G. Unikowsky, Aaron A. Barlow and Michael G. Babbitt and Associate Gabriel K. Gillett.

Please click here to read the brief.