A well-functioning patent system that issues high-quality patents is critical to incentivize inventors to bring forward truly worthwhile innovations. At the same time, it is also critical to have an efficient post-grant review available as an alternative to expensive and time-consuming patent litigation to challenge the validity of weak patents and prevent abuses of the patent system.
Thus this week, Intel filed an Amicus Brief for the WiFi-One vs Broadcom case that the Federal Circuit took en banc on the following limited question:
Should the Court overrule Achates Reference Publishing, Inc. v. Apple, Inc., 803 F.3d 652 (Fed. Cir. 2015) and hold that judicial review is available for a patent owner to challenge the PTO’s determination that the petitioner satisfied the timeliness requirement of 35 U.S.C. § 315(b) governing the filing of petitions for inter partes review?
The Supreme Court previously ruled in its Cuozzo decision that similar challenges to IPR institution decisions were unreviewable. Intel’s brief relies on the rationale developed in the Cuozzo opinion and an explanation of the policy considerations leading Congress to create IPR as part of the America Invents Act to support Broadcom’s position that Achates should not be overruled.