Don’t Wait Too Late to Assert the § 315(b) Time-Bar, PTAB Litigation Blog

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In two related decisions, the Federal Circuit held that the Patent Owner, Acoustic Technology, Inc. (“Acoustic”) waived its time-bar challenges under 35 U.S.C. § 315(b) (“Section 315(b)”) by failing to assert them in the IPR proceedings before the PTAB.  Acoustic Tech., Inc. v. Itron Networked Solutions, Inc., Case Nos. 2019-1059/-1060 and 2019-1061 (Fed. Cir. Feb. 13, 2020).  Acoustic was aware of the facts underlying its time-bar challenges more than seven (7) months before the PTAB issued its final written decision.

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