From the Alliance

Apr. 22, 2020

Innovation Alliance Statement on Supreme Court Thryv Ruling Prohibiting Appeal on Timeliness of PTAB Challenges

Ruling Extends Power of Administrative Tribunal and Threatens to Further Undermine Patent Rights of Inventors

WASHINGTON, D.C. – Innovation Alliance Executive Director Brian Pomper today issued the following statement on the Supreme Court’s ruling in Thryv v. Click-to-Call Technologies:

“The Innovation Alliance is disappointed in the Supreme Court’s ruling in Thryv v. Click-to-Call Technologies, which prohibits patent holders from appealing institution decisions of the Patent Trial and Appeal Board (PTAB) based on the timeliness of patent validity challenges. The court’s ruling extends the unchecked power of these administrative tribunals and threatens to further undermine the patent rights of inventors.

“Until this ruling, inventors could appeal PTAB institution decisions if the validity challenge was filed more than a year after the accused infringer had been sued for patent infringement. The Court is now saying those appeals are not permitted and the PTAB can conduct an inter partes review (IPR) proceeding whenever it chooses to do so, without regard to the statutory time bar. The effect of this ruling will be to further tilt the scales in favor of infringers by making it more difficult for inventors to protect their innovations.

“We commend Justices Gorsuch and Sotomayor for their powerful dissent in this case, where they note that the Court’s decision ‘carries us another step down the road of ceding core judicial powers to agency officials and leaving the disposition of private rights and liberties to bureaucratic mercy.’

“This ruling reinforces the need for Congress to take up and pass the STRONGER Patents Act, which would ensure patent owners can appeal PTAB decisions to the Federal Circuit, where independent judges can make a final determination on a patent’s validity.”



The Innovation Alliance represents innovators, patent owners and stakeholders from a diverse range of industries that believe in the critical importance of maintaining a strong patent system that supports innovative enterprises of all sizes. Innovation Alliance members can be found in large and small communities across the country, helping to fuel the innovation pipeline and drive the 21st century economy. Learn more at