PTAB Declines Institution After Discovery of Unnamed Real Party in Interest, PTAB Litigation Blog
To institute an inter partes review (IPR), the petition requesting the proceeding must be filed within one year of the petitioner or real party in interest (RPI) receiving a complaint alleging patent infringement. 35 U.S.C. § 315(b). The PTAB recently saw through an attempt to circumvent this one-year bar in Clear-Vu Lighting LLC v. University of Strathclyde, Nos. IPR2019-00588, -00747, Paper 24 (September 30, 2019). The PTAB denied institution to a petitioner who, the Board said, was being used merely as a vehicle to challenge the validity of patents, a dispute that would otherwise be time-barred. In doing so, the Board found that the RPI was time-barred and thus the IPR could not proceed.
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