The PTAB Rules That Time Bar of Section 315(B) Applies Even To Complaints Served Prior To Enactment of AIA

By Reza Mollaaghababa Recently, in Apple. Inc. v. Virnetx, Inc. and Science Application International Corp. (IPR2013-00348), the PTAB found another opportunity to interpret 35 U.S.C. §315(b), a statue of limitations on instituting inter partes review (IPR) proceedings.  Section 315(b) bars the institution of an IPR: if the petition requesting the proceeding is filed more than … Continue reading The PTAB Rules That Time Bar of Section 315(B) Applies Even To Complaints Served Prior To Enactment of AIA

A Declaratory Judgment Action that was Dismissed Without Prejudice Does not Bar the Institution of an IPR

By Reza MollaaghababaA petition for inter partes review (IPR) will not be granted “if, before the date on which the petition for such a review is filed, the petitioner or the real party in interest filed a civil action challenging the validity of a claim of the patent.”  35 U.S.C. 315(a)(1).  Recently, in Clio USA … Continue reading A Declaratory Judgment Action that was Dismissed Without Prejudice Does not Bar the Institution of an IPR

PTAB Strikes Down Patent Claims — Despite Settlement and Request from Parties to Terminate Proceeding

By Tom Engellenner Last week we reported on a case (Blackberry v. MobileMedia Ideas) in which a PTAB panel refused to terminate an inter partes review proceeding with respect to the patent owner despite a settlement reached by the parties.  This was not the first instance of the PTAB deciding to continue a review on … Continue reading PTAB Strikes Down Patent Claims — Despite Settlement and Request from Parties to Terminate Proceeding

A Ticking Clock – The PTAB Continues to Define What Constitutes a Complaint Alleging Patent Infringement

By Ben Snitkoff The Patent Trial and Appeals Board has released another decision interpreting 35 U.S.C. 315(b), regarding the time bar for filing a petitions for inter partes review (IPR). Specifically, the PTAB has again been asked to interpret what the phrase “served with a complaint alleging infringement of the patent” means. This rather straightforward … Continue reading A Ticking Clock – The PTAB Continues to Define What Constitutes a Complaint Alleging Patent Infringement