Jenner & Block

Client Alert: “Federal Circuit Narrows Ability of Defendants to Request Inter Partes Review After Service of Complaint in Unusual En Banc Footnote”

In Click-To-Call Techs., LP v. Ingenio, Inc., _ F.3d _, 2018 WL 3893119 (Fed. Cir. Aug. 16, 2018), the en banc Federal Circuit recently held that the Patent Trial and Appeal Board (PTAB) may not institute aninter partes review (IPR) more than one year after the service of a complaint, even if the complaint is dismissed without prejudice.  Below is a summary of the applicable law, facts, PTAB proceedings, appeal and our analysis of the potential impact of this decision.

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