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315(b) applies when a complaint has been served more than one-year earlier—even if some claims were dismissed without prejudice


In the precedential decision of LG Electronics v. Mondis Tech. (IPR2015-00937), the Board held that even though there was a second complaint served less than a year ago, an earlier-served complaint triggered the one-year bar of Section 315(b). The first complaint–filed in 2008–was dismissed without prejudice to certain products and dismissed with prejudice as to other […]