PTAB Designates Two Decisions As Precedential, PTAB Litigation Blog
On January 12, 2016, the PTAB identified two of its recent decisions as being precedential. These two decisions are in line with prior panel decisions and solidify the Board’s policy with regard to aspects of the one year IPR bar and the application of estoppels at the PTAB.
(1) In LG Electronics, Inc. v. Mondis Tech Ltd., IPR2015-00937, Paper 8 (PTAB Sept. 17, 2015), LG had previously been served with two complaints alleging infringement of the patent at issue, one in 2008 and one in 2014. The 2008 case settled and was dismissed in part with prejudice. The 2014 case complaint was served less than a year prior to filing the petition. 35 U.S.C. § 315(b) states:
“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, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent.”
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