; or (B) a competitive harm related to the validity of the patent. . (d) Limitation on reviews Section 324(a) of title 35, United States Code, is amended to read as follows: (a) Threshold (1) Likelihood of prevailing Subject to paragraph (2), the Director may not authorize a post-grant review to be instituted unless the Director determines that the information presented in the petition filed under section 321, if such information is not rebutted, would demonstrate that it is more likely than not that at least one of the claims challenged in the petition is unpatentable. (2) Previous institution The Director may not authorize a post-grant review to be instituted on a claim challenged in a petition if the Director has previously instituted an inter partes or post-grant review with respect to that claim. . (e) Appeals from institution decisions Section 324 of title 35, United States Code, is amended by striking subsection (e) and inserting the following: (e) No appeal A determination by the Director not to institute a post-grant review under this section shall be final and nonappealable. (f) Interlocutory appeal (1) Right of appeal A determination by the Director to institute a post-grant review under this section may be appealed to the United States Court of Appeals for the Federal Circuit. (2) Timing A party shall file a notice of interlocutory appeal under paragraph (1) not later than 7 days after the date on which the Director enters the institution decision. (3) Limitation An interlocutory appeal filed under paragraph (1) may challenge the institution decision on any basis except for the determination made under section 324(a)(1). (4) Effect on proceedings An interlocutory appeal filed under paragraph (1) shall not stay proceedings in the post-grant review unless the Director or the United States Court of Appeals for the Federal Circuit so orders. (5) Decision An interlocutory appeal filed under paragraph (1) may be granted at the discretion of the United States Court of Appeals for the Federal Circuit, which