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NHK § 314(a) Analysis Results in Denial

The status of a parallel district court proceeding may provide a basis for the PTAB to deny institution of an IPR pursuant to § 314(a). NHK Spring Co. v. Intri-Plex Techs., Inc., IPR2018-00752, Paper 8 (PTAB Sep. 12, 2018)...more

IPR Time Bar Triggered Even If Party Serving Complaint Lacks Standing

The PTAB Precedential Opinion Panel (“POP”) has concluded that the one-year time bar for filing an IPR petition under 35 U.S.C. § 315(b) is triggered by the service of a complaint alleging infringement even if “the serving...more

PTAB Designates § 315(b) Time Bar Order Precedential

In an order designated precedential, the PTAB terminated an instituted IPR proceeding after the petitioner failed to establish that no real parties in interest (“RPI”) or privies had been served with a complaint more than one...more

PTAB Denies Institution Of Follow-On Petition From Similarly Situated Defendant

In Shenzhen Silver Star Intelligent Tech. v. iRobot Corp., IPR2018-00761, Paper 15 (PTAB Sept. 5, 2018), the PTAB denied institution of Shenzhen Silver Star’s IPR petition in view of an earlier challenge to the same patent by...more

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