Recently, the Federal Circuit held that it lacks jurisdiction to review non-final Patent Trial and Appeal Board (“PTAB”) decisions, such as decisions to vacate or terminate a post-grant proceeding. In GEA Process Engineering, Inc. v. Steuben Foods, Inc., the Federal Circuit denied GEA’s petition for writ of mandamus directing the PTAB to withdraw an order in which it terminated GEA’s five pending IPR proceedings on the grounds that these IPRs should have never been instituted. The PTAB reasoned that GEA failed to identify all real-parties-in-interest and, thus, the petitions were incomplete. In dismissing the appeal, the Federal Circuit held that federal statute only authorized appeals from a “final written decision of the Board.” Further, it noted, “[t]his court’s authority to review IPR decisions … is limited to the [PTAB’s] decision on the merits of the review, after it conducts the proceeding that the Director has…
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