-
Non-Application Of Interference Estoppel By PTAB In An IPR Institution Decision Found To Be Unreviewable
07/29/2025On July 22, 2025, the Court of Appeals for the Federal Circuit concluded that the Patent Trial and Appeal Board’s (the “PTAB”) decision not to apply interference estoppel and, therefore, to institute an inter partes review (“IPR”), was unreviewable and affirmed the PTAB’s final written decision finding that the challenged claims were invalid for obviousness.