On Aug. 16, 2022, the Federal Circuit ruled in favor of Kramer Levin client Centripetal Networks Inc., blocking a challenge by Palo Alto Networks on the constitutionality of the USPTO’s refusal to have its director review Patent Trial and Appeal Board rejections of patent challenges. The court ruled that since Congress had granted the director the right to institute reviews, who in turn delegated it to the board, the director thereby had final authority on decisions by the PTAB, and not allowing review requests is not a constitutional violation.
Palo Alto had sought to have the PTAB review two of the patents involved in Centripetal’s infringement suit, but was denied by the USPTO director who said that only final decisions were accepted for review.
The Kramer Levin team representing Centripetal includes Intellectual Property partners Paul J. Andre, Lisa Kobialka, James Hannah and Hannah Lee.