Summary: The Federal Circuit cannot hear appeals relating to a decision not to instituteinter partes review.

Case: In re Dominion Dealer Solutions, Misc. Docket No. 109 (Fed. Cir. Apr. 24, 2014) (precedential). On appeal from the Patent Trial and Appeal Board. Before Prost, O’Malley and Taranto.

Procedural Posture: Accused infringer filed a petition for a writ of mandamus in the Federal Circuit, challenging the PTO Director’s decision not to institute the petitioner’s petition for inter partes review. CAFC denied the petition for writ of mandamus.

  • Authority to Hear Appeals Relating to Non-Institution of Inter Partes Review: A decision not to institute inter partes review may not be reviewed by the Federal Circuit through the extraordinary means of mandamus.