On January 8, 2018, the Federal Circuit issued its long-awaited en banc decision in Wi-Fi One, LLC v. Broadcom Corporation, No. 2015-1944, 2018 WL 313065 (Fed. Cir. Jan. 8, 2018). The issue before the en banc Court was the reviewability on appeal of the one year time-bar for inter partes review set forth in 35 U.S.C. § 315(b). The § 315(b) time-bar prohibits petitioners—as well as their privies and any real parties in interest—from filing an IPR petition more than one year after being served with a complaint alleging infringement of the challenged patent.
Please see full publication below for more information.