Short Summary
HighLevel, Inc. challenges the PTAB’s denial of institution for its IPR against ClickFunnels, arguing the Board overstepped authority by applying a new §101‑based rule retroactively. The petitioner seeks Director Review to pause the decision pending the Federal Circuit’s appeal.
Detailed Summary
In a Director Review Request, HighLevel, Inc. contests the PTAB’s discretionary denial of institution for its inter partes review of ClickFunnels’ patent 10,846,357. The Board relied on the newly announced “Hulu rule,” which categorically denies institution when a district court has found the claims invalid under §101. HighLevel argues this exceeds the statutory limits of IPRs, which are confined to §§102 and 103, and that the retroactive application violates due process and the petitioner’s reliance interests. The petitioner asks the Director to hold the denial in abeyance until the Federal Circuit resolves the pending §101 appeal, thereby preserving the right to challenge the patent’s validity before the Board.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in HighLevel, Inc. vs Etison LLC d/b/a ClickFunnels is valuable context for structuring arguments or assessing risk in similar proceedings.
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