BREAKING: Click-to-Call and One-Year Time Bar – Petition for Certiorari Incoming, PTAB Litigation Blog

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As reported in a prior post, the Federal Circuit in Click-To-Call Tech. v. Ingenio, Inc., 2015-1242 (Fed. Cir. Aug. 16, 2018) (en banc) found in a divided 10-2 en banc decision that a voluntary dismissal without prejudice of a district court litigation does not reset the one-year time bar under 35 U.S.C. § 315(b) for filing an IPR petition on the asserted patent. As a result, the IPR petition at issue in that case was found to be time-barred due to a complaint previously served on one of the petitioners more than a year earlier.

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