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Infringement Suit Filed Without Standing Does Not Trigger Time-Bar, PTAB Litigation Blog

March 2019

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On January 31, 2019, the Patent Trial and Appeal Board issued a decision granting institution of inter partes review in Sling TV, L.L.C. v. Realtime Adaptive Streaming, L.L.C., No. IPR2018-01331, where the Board held that a patent infringement suit filed without standing does not trigger the statutory time-bar limiting to one year the subsequent filing of any petition for instituting inter partes review. This decision focused on the application of a statute of the America Invents Act, which provides that "[a]n 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, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent." 35 U.S.C. § 315(b).

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