Justices to Weigh Patent Board’s Power Over Time-Based Trials

The authority of courts to second-guess a U.S. Patent and Trademark Office’s decision to hold a patent validity trial based on the timing of a challenge will be tested during oral argument before the U.S. Supreme Court Dec. 9.

Thryv Inc., formerly Dex Media, is arguing that federal courts have no power to review whether the patent office made the right decision to institute an administrative trial known as an inter partes review. Thryv is appealing a Federal Circuit ruling reinforcing that courts can review such decisions when they’re based on timing questions, and agreeing to hear Click-to-Call Technologies LP’s ...