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Precedential Order Confirms Involuntary Dismissal Triggers § 315(b) Time Bar, PTAB Litigation Blog

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On November 21, 2017, Petitioner Infiltrator Water Technologies, LLC, filed a Petition for inter partes review (IPR) of claims 8–12 of U.S. Patent No. 8,815,094 B2. In its Preliminary Response, filed on March 7, 2018, Patent Owner Presby Patent Trust asserted that the Petition should be denied as untimely under 35 U.S.C. § 315(b) because it was filed more than one year after Petitioner was served with a complaint asserting infringement of the ’094 patent. The complaint had been involuntarily dismissed without prejudice for lack of personal jurisdiction.

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