Patent-Review Query Hinges On 1 Case, Feds Tell High Court

By Jimmy Hoover

Law360, Washington (May 31, 2016, 5:23 PM ET) -- The federal government has asked the U.S. Supreme Court to shelve a petition asking whether a party can appeal a Patent Trial and Appeal Board’s decision to review the validity of a patent, saying that question is already pending before the justices in another case.

In a brief filed earlier this month, U.S. Solicitor General Donald B. Verrilli Jr. said whether a party can challenge the PTAB’s decision to “institute review” of a patent during an America Invents Act review is “materially identical” to one of...