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En banc Federal Circuit rules on PTAB time bar in Click-To-Call opinion

Michael Loney, New York

Court says the PTAB was wrong to decide that voluntary dismissal without prejudice of a civil action in which the complaint was served “does not trigger” the one-year time bar under Section 315(b)

The Patent Trial and Appeal Board (PTAB) can no longer accept certain inter partes review (IPR) petitions outside of the one-year deadline for filing a petition after being sued for patent infringement.

In Click-To-Call Technologies v Ingenio, the Federal Circuit...

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