In Bennett Regulator Guards, Inc. v. Atlanta Gas Light Co. the Federal Circuit ruled the time-bar for filing a petition for inter partes review in Section 315(b) begins to run as soon as a complaint for infringement is served in district court, regardless of whether the complaint is involuntarily or voluntarily dismissed or is ultimately successful on the merits. There are no exceptions to the statutory time limit for filing a petition for inter partes review in 35 U.S.C. § 315(b).
The post Service Starts § 315(b) Time-Bar Even If Complaint Involuntarily Dismissed Without Prejudice appeared first on IPWatchdog.com | Patents & Patent Law.
Patent
- Enablement
- Fee Shifting
- Litigation
- India’s Prius Judgment and Trans-Border Reputation of Trademarks
- Other Barks & Bites for Friday, October 15: TRIPS IP Waiver Negotiations Heat Up, CAFC Finds No Due Process Violations in Mobility Workx, and the Copyright Office Will Study Copyright Protections for News Publishers
- Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding in Awarding Attorneys’ Fees
- CAFC Shoots Down Due Process Challenges to PTAB Structure
- Brazil: Patent Law Amended to Allow for Compulsory Licensing of Patents
Recent Posts
- India’s Prius Judgment and Trans-Border Reputation of Trademarks
- Other Barks & Bites for Friday, October 15: TRIPS IP Waiver Negotiations Heat Up, CAFC Finds No Due Process Violations in Mobility Workx, and the Copyright Office Will Study Copyright Protections for News Publishers
- Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding in Awarding Attorneys’ Fees
- CAFC Shoots Down Due Process Challenges to PTAB Structure
- Brazil: Patent Law Amended to Allow for Compulsory Licensing of Patents