On April 20, 2020, the Supreme Court ruled that the USPTO’s decision whether or not to institute an IPR is final and non-appealable. Here, Thryv requested IPR against Click to Call’s patent over one year after Click to Call filed a patent infringement suit against Thryv. The USPTO instituted IPR and cancelled claim 13 of Click to Call’s patent. Click to Call argued that the USPTO should not have instituted IPR as Thryv’s request was time-barred under §315(b) of the AIA. The Supreme Court disagreed and found that “[a] party generally cannot contend on appeal that the agency should have refused ‘to institute an inter partes review’”, citing §314(d) of the AIA. The Court opined that “Congress designed inter partes review to weed out bad patent claims efficiently. Allowing §315(b) appeals, however, would unwind agency proceedings determining patentability and leave bad patents enforceable.”