PTAB Designates § 315(b) Time Bar Order Precedential, PTAB Litigation Blog
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.
Read the full article at ptablitgationblog.com.