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Personal Audio, LLC v. CBS Corp.

District Court Lacks Jurisdiction to Review Constitutionality of Collateral IPR Decision

Personal Audio, LLC v. CBS Corp., __ F.3d __, 2020 WL 111270 (Fed. Cir. Jan. 10, 2020) (Moore, Reyna, TARANTO) (E.D. Tex.: Gilstrap) (3 of 5 stars)

Fed Cir affirms judgment for CBS. The district court did not have jurisdiction to consider Personal Audio’s various attacks on the constitutionality of a 2015 IPR decision (aff’d, 867 F.3d 1246 (Fed. Cir. 2017)) finding four Personal Audio claims unpatentable. Discussing Thunder Basin Coal, 510 U.S. 200 (1994), and Elgin, 567 U.S. 1 (2012), the opinion reasons that by establishing a path for direct appellate review of IPR decisions, Congress precluded district court jurisdiction to review those decisions. “[J]udicial review of the lawfulness of the Board’s final written decision here was limited to an appeal to this court under [35 U.S.C. §§ 141–144, 319, and 28 U.S.C. § 1295(a)(4)(A)].” Op. at 9. Personal Audio also forfeited any argument that the IPR decision was not determinative in this case by not presenting it to the district court, and in any event only the en banc court could reconsider the precedent at issue.

KEYWORDS: INTER PARTES REVIEW; SUBJECT-MATTER JURISDICTION; APPELLATE JURISDICTION