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ARTICLES & ADVISORIES

DEC 30 2019

Federal Circuit Provides Further Guidance on Time-Barred IPR Petitions

An inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy is served with a complaint alleging infringement of the challenged patent. See 35 U.S.C. § 315(b). The Federal Circuit recently provided guidance on what constitutes service in the context of § 315(b).

It is helpful to first consider the findings by the PTAB. Read the full article.