; 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 review or post-grant review with respect to that claim. . (e) Reviewability of institution decisions Section 324 of title 35, United States Code, is amended by striking subsection (e) and inserting the following: (e) No appeal (1) Non-appealable determinations (A) Threshold determination A determination by the Director on the likelihood that the petitioner will prevail under subsection (a)(1) shall be final and nonappealable. (B) Exercise of discretion A determination by the Director not to institute a post-grant review under this section shall be final and nonappealable. (2) Appealable determinations Any aspect of a determination by the Director to institute a post-grant review under this section, other than a determination described in paragraph (1)(A), may be reviewed during an appeal of a final written decision issued under section 328(a). . (f) Eliminating repetitive proceedings Section 325(e)(1) of title 35, United States Code, is amended to read as follows: (1) Proceedings before the office A person petitioning for a post-grant review of a claim in a patent under this chapter, or the real party in interest or privy of the petitioner, may not petition for a subsequent post-grant review before the Office with respect to that patent on any ground that the