; or (B) charged with infringement under the patent. . (d) Limitation on reviews Section 314(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 shall not authorize an inter partes review to be instituted unless the Director determines that the information presented in the petition filed under section 311 and any response filed under section 313 shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least one of the claims challenged in the petition. (2) Previous institution The Director shall not authorize an inter partes review to be instituted on a claim challenged in a petition if the Director has previously instituted an inter partes review or post-grant review with respect to that claim. . (e) Appeals from institution decisions Section 314 of title 35, United States Code, is amended by striking subsection (d) and inserting the following: (d) No appeal A determination by the Director not to institute an inter partes review under this section shall be final and nonappealable. (e) Interlocutory appeal (1) Right of appeal A determination by the Director to institute an inter partes 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 314(a)(1). (4) Effect on proceedings An interlocutory appeal filed under paragraph (1) shall not stay proceedings in the inter partes 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