Zoll Lifecor petitions for a Writ of Certiorari

December 9, 2014 – Zoll Lifecor Corp. has petitioned the U.S. Supreme Court to review whether the Federal Circuit has appellate review of USPTO decisions made under 35 U.S.C. §§ 312 and 315. Zoll Lifecor argued that the “Federal Circuit has ruled that no PTAB decision that refuses to institute an IPR may be appealed on any basis,” and this is “contrary to the strong presumption in favor of appellate review of agency actions, and contrary to the plan statutory language.” The petition is related to Zoll Lifecor’s attempts to invalidate eight Philips Electronics’ patents related to defibrillators. The case is captioned Zoll Lifecor Corp. v. Philips North America Corp. et al., 14-619 in the U.S. Supreme Court.

By: Christopher J. Stankus

View Attachment (PDF)