PTAB Reconsiders Unappealable § 315(b) Issue On Remand, PTAB Litigation Blog
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What happens when one of those now-improperly-instituted IPRs makes its way back to the PTAB on remand on other issues? That was the case in Microsoft Corp v. Parallel Networks, IPR2015-00483, -00485 Paper 92 (PTAB, Sept. 29, 2020). Those IPRs had been instituted in prior times (July 2015) when case law stated that a dismissal of a patent infringement lawsuit without prejudice restarted any running 35 U.S.C. § 315(b) clocks. And such a dismissal without prejudice was present in the fact pattern, dating back to 2009.
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