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PTAB Designates § 315(b) Time Bar Order Precedential, PTAB Litigation Blog

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In an order designated precedential, the PTAB terminated an instituted IPR proceeding after the petitioner failed to establish that no real parties in interest (“RPI”) or privies had been served with a complaint more than one year before it filed the IPR petition. 35 U.S.C. § 315(b). Ventex Co., Ltd. V. Columbia Sportswear North America, Inc., IPR2017-00651, Paper 148 (PTAB Jan. 24, 2019). As the petitioner, Ventex had the burden to demonstrate that Seirus, its customer, was neither an RPI nor a privy.

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