PTAB’s Delay in Instituting IPRs Is Not Reviewable on Appeal

Practitioners before the Patent Trial and Appeal Board are well-acquainted with the statutory bar on judicial review of institution decisions. But what happens when the Board defers&mdash;for more than a year&mdash;a decision to rehear its non-institution decision, waiting for the Federal Circuit to clarify claim construction in parallel litigation involving the same patent and same parties? In…