Today in Wi-Fi, One v. Broadcom Corp., __ F.3d __ (Fed. Cir. 2017)(order)(en banc), the court has granted an order establishing an en banc panel to answer the following question:
“Should this 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?”
A copy of the Order is attached.