PTAB Precedential Opinion Panel Rules that District Court Pleadings Filed Without Standing Trigger IPR Time Bar

  • August 30, 2019
  • Category: Patent Litigation Feature
    Market Sector: Consumer Electronics and PCs

In August 2018, a divided Federal Circuit ruled in Click-to-Call Technologies v. Ingenio that the service of a district court infringement complaint still triggers the one-year statutory time bar for inter partes review (IPR) even when the complaint is voluntarily dismissed without prejudice. Now, the Precedential Opinion Panel of the Patent Trial and Appeal Board (PTAB) has extended that decision by holding that the service of a pleading starts the time bar—which, in general, prevents the filing of an IPR more than one year after the date of service—“even where the serving party lacks standing to sue or where the pleading is otherwise deficient”.

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