PostGrantReport.com - Time Bar Articles

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…

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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