Wi-Fi One, LLC v. Broadcom Corp.

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The 215 patent is directed to improving the efficiency by which messages are sent from a receiver to a sender in a telecommunications system to advise the sender that errors occurred in a particular message. In inter partes review, the Patent Trial and Appeal Board found that various claims were anticipated. The Federal Circuit initially affirmed, holding that whether the petition for review was time-barred was not subject to judicial review. On rehearing, en banc, the Federal Circuit remanded. The Patent and Trademark Office is prohibited from instituting inter partes review if the petition requesting that review is filed more than one year after the petitioner, real party in interest, or privy of the petitioner is served with a complaint for patent infringement, 35 U.S.C. 315(b); under section 314(d) the determination “whether to institute an inter partes review under this section shall be final and nonappealable.” The court, noting the strong presumption in favor of judicial review of agency actions, found no clear and convincing indication of congressional intent to prohibit review of time-bar determinations under section 315(b). In finding such rulings appealable, the court overruled its own precedent. View "Wi-Fi One, LLC v. Broadcom Corp." on Justia Law