Phil - SG is giving same answer as he gave a year ago.
ZW is correct. If the PTAB Board dismisses a request for IPR, it is final and there is no "written decision" to appeal. Further,the US Fed Appeals Court does not have jurisdiction unless there is a written decision. Court denied the appeal request.(even did it En Banc)
Basically, Arris (CommScope) is trying to attack the reason for Time Bar dismissal, saying that the PTAB used the lawsuit against cables as the start of the clock for getting IPR. Whether that is a valid reason for dismissing IPR request is not up for review. It was dismissed.
Solicitor General put it this way (rejecting “the principle that if the agency gives a ‘reviewable’ reason for otherwise unreviewable action, the action becomes reviewable”).
Just because Arris/CommScope doesn't like the reason for the dismissal doesn't change the fact that it was dismissed and by law the courts cannot hear an appeal for lack of jurisdiction.
Hope Supremes put this baby to bed. Focus needs to be on up coming trial - not this cry baby distraction.
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