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Court Grants Rehearing In Light Of Wi-Fi One, PTAB Litigation Blog

February 2018

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Eleven days after the Federal Circuit’s en banc opinion in Wi-Fi Onc, LLC v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), a three-judge panel granted a petition by patent owner Click-to-Call Technologies, LP ("CTC") for panel rehearing. The court in Wi-Fi One held that judicial review is available for a patent owner to contest a determination by the PTO that the petitioner met the requirements of 35 U.S.C. § 315(b). An "inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner…is served with a complaint alleging infringement of the patent." 35 U.S.C. § 315(b).

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