PTAB Declines Institution After Discovery of Unnamed Real Party in Interest, PTAB Litigation Blog

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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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