On February 8, 2023, in a precedential order, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the decision by the Director of the U.S. Patent and Trademark Office to deny CyWee Group Ltd.’s (“CyWee’s”) request for rehearing of two IPR proceedings. In doing so, the CAFC rejected CyWee’s argument that the Director is required to actually review, or be able to review, all institution decisions and final written decisions within the statutory time frames set by
35 U.S.C. §§ 316(a)(11) and 314(b).
CyWee Group Ltd. v. Google LLC, No. 2020-1565 (Fed. Cir. Feb. 8, 2023).