When is it too late to petition for IPR?, <i>PTAB Litiation Blog</i>

When is it too late to petition for IPR?, PTAB Litiation Blog

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By statute, an IPR cannot be instituted if the petitioner, real party in interest, or its "privy" was sued for infringing the patent more than one year before the petition for the IPR. 35 U.S.C. § 315(b). As we previously reported, in Wi-Fi One, LLC v. Broadcom Corp., 878 F.3d 1364 (Fed. Cir. 2018), the Federal Circuit en banc held that it had jurisdiction to review the PTAB’s time-bar decisions. Last Friday, we got the first inkling of what such review will look like, as the Wi-Fi panel affirmed the PTAB’s decision on remand. If Wi-Fi One is any indicator, the Federal Circuit’s review will be highly deferential.

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