When Is A Timely IPR Petition Not Timely Enough?, PTAB Litigation Blog

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A petition for inter partes review is timely if it is filed within one year of service of a complaint alleging infringement of the challenged patent on the petitioner, real party in interest, or privy of the petitioner. 35 U.S.C. § 315(b). Despite the timely filing of an IPR petition, the PTAB recently exercised its discretion to deny institution of an IPR proceeding in view of the advanced state of a related district court proceeding. NHK Spring Co. v. Intri-Plex Techs., Inc., Case IPR2018-00752, Paper 8 (PTAB Sep. 12, 2018).

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