Federal Circuit: No Appeal of IPR Institution Denial, even If Denied for Extra-Statutory Reasons

by Dennis Crouch

In re Cisco Systems Inc. (Fed. Cir. 2020)

PTAB denied Cisco's petitions to institute inter partes review (IPR) against two patents owned by Tel Aviv Univ. (Ramot).  The statute is clear that the decision of whether to institute is not appealable, but Cisco filed for writ of mandamus with the Federal Circuit.   Mandamus has now been denied.


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