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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…

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Federal Circuit: Time-Bar Determinations of IPR Petitions Are Appealable

  • 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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About the Author

Robert Gravois is a partner at Thomas | Horstemeyer LLP with extensive experience in patent office proceedings, including inter partes review (IPR), covered business method (CBM), reexamination, and interference proceedings. He has represented clients in proceedings at the Patent Trial and Appeal Board, in federal district courts throughout the country, and at the Court of Appeals for the Federal Circuit. Learn more.

About the Firm

Thomas | Horstemeyer LLP is a nationally recognized intellectual property law firm headquartered in Atlanta with approximately 40 attorneys and patent agents serving clients all over the world. The firm offers services in all areas in intellectual property, including patents, trademarks, trade secrets, and copyrights. All of Thomas | Horstemeyer’s attorneys and patent agents have technical backgrounds, with many holding advanced masters and doctorate degrees in their respective technical fields. Learn more.

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  • 35 U.S.C. 315(b) (1)
  • 35 USC 315(e) (1)
  • 35 USC 325(d) (4)
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