by Matthew Johnson | Aug 30, 2018 | Time Limits
By: Alex K. Chung Ph.D. and Matt Johnson In Click-To-Call Tech. v. Ingenio, Inc., 2015-1242, slip op. (Fed. Cir. Aug. 16, 2018) (en banc), the Federal Circuit found that a voluntary dismissal without prejudice of a district court litigation does not reset the one-year...
by Emily Tait | Aug 24, 2018 | PTAB Trial Basics, Time Limits
By: Emily Tait A recent decision by the Patent Trial and Appeal Board (“PTAB”) denying a petition for inter partes review serves as a stark reminder of the oft-repeated truism, “don’t wait until the last minute.” See VIZIO, Inc. v. ATI Techs. ULC, Case IPR2018-00560...
by Greg Castanias | May 1, 2018 | Federal Circuit, Time Limits
By: Jason M. Garr, John Marlott, and Greg Castanias By statute, an IPR cannot be instituted if the petitioner, real party in interest, or its “privy” was sued for infringing the patent more than one year before the petition for the IPR. 35 U.S.C. § 315(b). As we...
by Kenneth Luchesi | Mar 20, 2018 | PTAB Trial Basics, Time Limits
By: Kenny Luchesi disclaimer A few weeks ago, we posted an article discussing the Federal Circuit’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345 (Fed. Cir. 2018). (see Disclaimer Before Institution May Not Avoid Adverse Judgment Estoppel). In...
by Matthew Johnson | Jan 16, 2018 | PTAB News, Time Limits, Trial Institution
By Rich Graham and Matt Johnson On January 10, 2018, the PTAB designated two decisions weighing on 35 U.S.C. § 315(b) as informative: Luv N’ Care, Ltd. v. McGinley, IPR2017-01216, Paper 13 (P.T.A.B. Sept. 18, 2017) (AIA § 315(b), insufficient funds at filing) Amneal...
by Greg Castanias | Jan 9, 2018 | Federal Circuit Appeal, Time Limits
By Greg Castanias, Sasha Mayergoyz, John Marlott, and Dave Cochran In yesterday’s en banc decision in Wi-Fi One v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), the en banc Federal Circuit addressed issues regarding judicial review of the...
