PTAB Reconsiders Unappealable § 315(b) Issue On Remand, PTAB Litigation Blog
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.
Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.