In its only precedential patent case this week, the Federal Circuit denied a mandamus petition relating to the PTAB’s institution of inter partes reviews of MaxPower’s patents. The case touches on, but does not completely resolve, whether the PTAB can institute inter partes reviews where the parties have agreed to arbitrate those disputes.
MaxPower had argued that the PTAB should decline review because the patentability dispute was subject to an arbitration agreement. The PTAB instituted review nonetheless. MaxPower sought mandamus from the Federal Circuit, suggesting that the collateral order doctrine warrants immediate review. The Federal Circuit rejected that argument, opining that “MaxPower can meaningfully raise its arbitration-related challenges after the Board’s final written decisions.”