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When Is A Timely IPR Petition Not Timely Enough?

When Is A Timely IPR Petition Not Timely Enough?

By: Marc Blackman – The PTAB considered a patent owner’s argument made in a POPR that a timely filed petition for IPR, i.e. a petition filed before the one year statutory bar following service of a complaint for patent infringement, is not actually timely where the related litigation is in an advanced stage.

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After SAS, Indefinite Claims Can Be A Definite Problem For IPR Petitioners

After SAS, Indefinite Claims Can Be A Definite Problem For IPR Petitioners

By: John Marlott – A recent PTAB decision raises new unresolved estoppel issues post-SAS where the PTAB refused to find means-plus-function claims unpatentable; being indefinite, the scope and meaning of the claims could not be ascertained such that the differences between the claims and the asserted prior art could not be determined. Nevertheless, these claims were subject to the PTAB’s FWD potentially implicating § 315(e) estoppel.

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