Voluntary Dismissal Without Prejudice Does Not Reset One-Year Time Bar
By: Alex K. Chung Ph.D. and Matt Johnson – The Federal Circuit en banc considered whether the PTAB erred in interpreting § 315(b) such that a complaint served in a civil action, if subsequently dismissed voluntarily without prejudice, does not trigger the bar, essentially resetting the clock.
Petition For Writ Of Mandamus Not An End Run Around Cuozzo
By: Jennifer J. Chheda, Ph.D and John D. Kinton – The Federal Circuit considered a petition for writ of mandamus, based on APA grounds, seeking review of a PTAB decision not to institute.
A Truism that Once Again Bears Repeating: Don’t Wait Until the Last Minute
By: Emily Tait – Avoid going “down to the wire” on important case activities especially when there is a hard deadline in place and a significant adverse consequence.
PTAB Grants Rare Motion for Additional Discovery
By: Mital B. Patel and Gasper J. LaRosa – The PTAB considers a patent owner’s motion for additional discovery to compel depositions related to questions regarding the real parties in interest.
Submissions of Supplemental Information in IPRs Subject to Extra Requirements
By: Amanda Leckman and Carl Kukkonen – Petitioner filed a motion to submit a new English translation based on unavailability of the original translator for deposition.