Filing Deadlines, Patent Infringement, Inter Partes Review (IPR) Proceeding

PTAB Finds Petition Time Barred

Jones Day on 4/22/2025

In 2985 LLC d/b/a Mountain Voyage Company, LLC v. The Ridge Wallet LLC, a Patent Trial and Appeal Board (“PTAB”) panel denied inter partes review (“IPR”) institution where the petition was time barred under 35 U.S.C. § ...more

Patent Owner Precluded from Asserting in Litigation Claims Obtained Through Ex Parte Reexamination

Akin Gump Strauss Hauer & Feld LLP on 10/28/2019

A district court has denied a request to amend patent infringement contentions to add claims obtained through ex parte reexamination after the case had been substantially narrowed through a parallel inter partes review (IPR)...more

Delayed Payment Proves Fatal for Cultec’s PTAB Challenge

Jones Day on 8/5/2017

Under 35 U.S.C. § 315(b), a petition for inter partes review (IPR) may not be filed more than one year after the date on which the petitioner was served with a patent infringement complaint. Thus, a petition must meet all of...more

Timing Is Everything: Successful Joinder Motions At The PTAB

Foley & Lardner LLP on 10/27/2016

The joinder provisions of inter partes review (IPR) proceedings can be a great tool to circumvent the 1-year IPR filing deadline following service of a complaint for infringement. However, grant of a joinder petition by the...more

PTAB Holds Technical Difficulties Will Not Save Late-Filed IPR Petitions

Foley & Lardner LLP on 6/15/2016

The PTAB recently stood firm in denying a petitioner’s motion to change the filing dates of two IPR petitions that missed a statutory deadline by less than ten minutes. Case IPR2016-00281 and IPR2016-00282 (Patents 8,603,514...more

File It Early: The PTAB Rejects an IPR Petition for Being One Day Late—Despite Protestations of "Malfunctioning" PTO Website

Faegre Drinker Biddle & Reath LLP on 1/14/2016

35 U.S.C. § 315(b) bars petitions for an inter partes review that are filed “more than one year after the date on which the petitioner, real party in interest or privy of the petitioner is served with a complaint alleging...more