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Timely Joinder Cannot Save Untimely IPR When Nothing to Join, PTAB Litigation Blog

October 2017

Visit the Jones Day PTAB Litigation Blog.

In IPR2017-01054 and IPR2017-01055 (Fresenius Kabi USA, LLC v. Hospira Inc.), the PTAB denied institution of inter partes reviews of U.S. Patent Nos. 8,242,158 and 8,338,470, because Petitioner Fresenius filed the IPR petitions more than one year after being served with a patent infringement complaint; and there was no instituted IPR proceeding for Petitioner to join to save the untimely IPR petitions.

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