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Deadline IPR Service Fails to Bar Institution

Deadline IPR Service Fails to Bar Institution

by Matthew Johnson | Nov 3, 2023 | PTAB News, PTAB Trial Basics, Time Limits

By Tova Werblowsky* and Matt Johnson – The PTAB recently granted institution of inter partes review despite the Patent Owner not receiving the petition for the proceeding until three business days after the statutory deadline. See Kahoot! ASA and Kahoot Edu,...
Defective Service of Complaint Fails to Trigger Time Bar

Defective Service of Complaint Fails to Trigger Time Bar

by Matthew Johnson | Oct 4, 2023 | PTAB News, PTAB Trial Basics, Time Limits

By Tova Werblowsky* and Matt Johnson – Institution of an IPR is automatically barred if the “petition requesting the proceeding is filed more than 1 year after the date on which the petitioner…is served with the complaint alleging infringement of the patent.” 35...
Customer/Manufacturer Relationship Insufficient To Bar

Customer/Manufacturer Relationship Insufficient To Bar

by Matthew Johnson | Aug 16, 2023 | PTAB News, Real Party in Interest, Time Limits

By Alexandra Boeriu,* Hannah Mehrle and Matt Johnson – Recently, the PTAB held that Samsung Electronics Co. Ltd. (“Petitioner”), met its burden in showing that a third party (the “Third Party”) was neither a real party-in-interest (“RPI”) nor in privity with...
Section 316(a)(11) Time Limits Do Not Apply Beyond First FWD

Section 316(a)(11) Time Limits Do Not Apply Beyond First FWD

by Matthew Johnson | May 18, 2022 | Final Written Decisions, Time Limits

By Haytham Soliman and Matt Johnson – In Laboratoire Francais du Fractionnement et des Biotechnologies S.A. v. Novo Nordisk Healthcare AG, the Patent Trial and Appeal Board (PTAB) denied the Petitioner’s motion to terminate the inter partes review (IPR) and to...
RPI: Not Quite a Jurisdictional Requirement

RPI: Not Quite a Jurisdictional Requirement

by Matthew Johnson | Mar 2, 2022 | Real Party in Interest, Time Limits

By Mike Lavine, Matt Chung, and Matt Johnson – Recently, the Patent Trial and Appeals Board (PTAB) declined to terminate an inter partes review (IPR) proceeding despite the Petitioner’s alleged failure to identify all the real parties-in-interest (RPIs). Unified...
FedEx Delivery Sufficiently Akin to Priority Mail Express for Petition Service

FedEx Delivery Sufficiently Akin to Priority Mail Express for Petition Service

by Matthew Johnson | Apr 7, 2021 | CBMs, Time Limits

By Hannah Mehrle and Matt Johnson – A PTAB panel found FedEx sufficiently akin to Priority Mail Express to meet the petition service rule, and to the extent necessary further waived the regulatory requirements related to the timing of Petitioner’s (TIZ Inc....
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.