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IP LitigationFederal Circuit

Decision whether to institute inter partes review is not reviewable

April 30, 2014

IP LitigationFederal Circuit

Decision whether to institute inter partes review is not reviewable

April 30, 2014

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St. Jude Medical, Cardiology Division, Inc., v. Volcano Corporation, (Fed. Cir. Apr. 24, 2014) (Prost, O’Malley, TARANTO) (PTO) (2 of 5 stars)

In re Dominion Dealer Solutions, LLC., __ F.3d __ (Fed. Cir. Apr. 24, 2014) (Prost, O’Malley, TARANTO) (PTO) (2 of 5 stars)

In re Procter & Gamble Company, (Fed. Cir. Apr. 24, 2014) (Lourie, Prost, TARANTO) (PTO) (2 of 5 stars)

St. Jude appealed the PTO Director’s decision not to institute an inter partes review of a patent owned by Volcano. The appeal was dismissed, on Volcano and the Director’s motion, because a noninstitution decision is barred from appeal under § 314(d).

Dominion’s petition for a writ of mandamus directing the PTO to vacate the Director’s noninstitution decision is barred under § 314(d). Citing the St. Jude decision, the court ruled that there is “no ‘clear and indisputable’ right to challenge a noninstitution decision directly in this court.”  Slip op. at 4.

P&G’s petition for a writ of mandamus directing the PTO to withdraw the orders instituting inter partes review of P&G’s patents is also barred under § 314(d).  Additionally, the facts as presented “is not one of the rare situations in which irremediable interim harm can justify mandamus.”  Slip op.at 5.

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appellate
CAFC Summary
Federal Circuit

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