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Statutory Bars

PTAB / Federal Circuit / PTAB Procedures and Rules / Statutory Bars

A dismissal of a complaint does not toll the one-year time bar triggered by service

In what situations will the dismissal of a complaint not start the clock on the one-year time bar for IPRs? As long as the complaint was served, the Federal Circuit’s answer–based on two recent cases–may be “none.” In August, the Federal Circuit decided Click-to-Call Techs., LP v. Ingenio, Inc., which held that a voluntary dismissal without […]

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PTAB / Federal Circuit / Privity / PTAB Procedures and Rules / Statutory Bars

Shenanigans aside, time-bar decisions still not appealable; Judge Reyna invites en banc review

In WiFi v Broadcom, the Federal Circuit confirmed that the Supreme Court decision in Cuozzo did not overrule the prohibition on appellate review of decisions relating to institution of IPR proceedings. Although Cuozzo left open the possibility that certain “shenanigans” (e.g., notice failures that create due process problems) might be reviewable, the Federal Circuit rejected […]

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