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Delayed Payment Proves Fatal for Cultec’s PTAB Challenge, PTAB Litigation Blog

August 2017

Visit the Jones Day PTAB Litigation Blog.

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 the filing requirements of 37 C.F.R. 42.106 prior to the one year bar to be considered for institution.

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