Time-Bar Determinations Under 35 U.S.C. 315(b) are Appealable
Dr. Richard Chinn reports.
In Wi-Fi One, LLC v. Broadcom Corp. the Fed. Cir, en banc, holds that the time-bar determinations for instituting inter partes review under § 315(b) are appealable, overruling Achates’s contrary conclusion. Judges Hughes, Lourie, Bryson and Dye dissent.