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IPRs Are Not Time Barred by an Earlier ITC Complaint, PTAB Litigation Blog

March 2017

Visit the Jones Day PTAB Litigation Blog.

Since their introduction as part of the America Invents Act, Inter Partes Reviews (IPRs) have proven to be a powerful tool for parties accused on patent infringement. One important constraint on their deployment is a one year limit to filing an IPR request after a party is accused of patent infringement. Recent decisions by the Patent Trial and Appeal Board (PTAB) clarify that only a district court action, not an ITC complaint, will trigger this one year bar.

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