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.
Recent Posts
- Thoughts on the USPTO’s NPRM: Not Bad But the Big Challenges Remain
- Patent Filings Roundup: Slow Week in PTAB and District Court, Ideahub Subsidiary Challenges Instituted; Patent Armory Continues the Offensive
- Timberland Loses Fourth Circuit Bid to Protect Trade Dress for Iconic Boots
- USPTO Proposes Making Director Review Process Official
- Evolving IP: The Innovation Crossroads