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Chevron Deference § 315(b)

Sunstein LLP

Court’s Strict Interpretation of Timing Requirement May Force Patent Validity Challenges in Two Forums

Sunstein LLP on

The America Invents Act (“AIA”), signed into law in 2011, introduced inter partes review (“IPR”), which allows parties to challenge the validity of patent claims in proceedings before the Patent Trial and Appeal Board...more

Bass, Berry & Sims PLC

Federal Circuit Holds that Issue Joinder is Unavailable in IPRs

Bass, Berry & Sims PLC on

In Facebook, Inc. v. Windy City Innovations, LLC, No. 2018-1400 (Fed. Cir. Mar. 18, 2020), the Federal Circuit held that the “clear and unambiguous text of” 35 U.S.C. § 315(c) does not authorize “same-party joinder” and...more

Jones Day

Post-Filing, Pre-Institution Merger Time-Bars Inter Partes Review

Jones Day on

In Power Integrations v. Semiconductor Components, the Federal Circuit ruled that privy and real-party-in-interest (RPI) relationships arising after a petition is filed but before institution may bar institution under section...more

Foley & Lardner LLP

One-Year Time Bar for IPR Filing Triggered Even When Served Complaint Is Voluntarily Dismissed

Foley & Lardner LLP on

In August, the Federal Circuit addressed the 35 U.S.C. § 315(b) one-year time bar to IPR institution in Click-to-Call Technologies, LP v. Ingenio, Inc. In an en banc footnote, the court held that an IPR cannot be instituted...more

McDermott Will & Emery

Dismissal “Without Prejudice” Does Not Nullify Service of Complaint

McDermott Will & Emery on

Addressing 35 USC § 315(b), the US Court of Appeals for the Federal Circuit sat en banc to determine whether dismissal “without prejudice” would extinguish the effect of a previously served infringement complaint, an event...more

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