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Dismissal of a Complaint Without Prejudice Does Not Stop the IPR Time-Bar Clock

September 10, 2018
Robert Gravois

The Federal Circuit rules that the IPR time-bar provision of 35 U.S.C. § 315(b) applies even when a complaint served in a civil action is subsequently dismissed without prejudice. Under 35 U.S.C. §315(b), an inter partes review may not be…

January 17, 2018
Robert Gravois

The Federal Circuit overrules its precedent and holds that a determination as to whether a petition is time-barred is reviewable on appeal. Under 35 U.S.C. § 315(b), a petition for IPR is untimely if it is filed more than one…

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