In Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., the Federal Circuit recently held a Patent Trial and Appeal Board (PTAB)'s decision to discontinue an inter partes review (IPR) due to the petitioner's failure to disclose the real party is not reviewable on appeal under 35 U.S.C. § 314(d). Section 314(d) states "The determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable."
The Federal Circuit found nothing contrary in the Supreme Court's decision in Cuozzo Speed Technologies, LLC v. Lee stating the "Board's vacatur of its institution decisions and termination of the proceedings constitute decisions whether to institute inter partes review and are therefore 'final and nonappealable' under § 314(d)."
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