Jenner & Block

Client Alert: Federal Circuit Strictly Applies §315(b) IPR One-year Time-Bar

In its March 18, 2020, opinion in Facebook, Inc. v. Windy City Innovations, LLC, the Federal Circuit strictly enforced the one-year statutory deadline for filing a petition for inter partes review.  In that case, the appellate court reversed the PTAB’s decision to allow the petitioner to challenge new claims in an IPR filed beyond the one-year deadline through joinder with an existing IPR.  This decision further establishes the finality of the one-year bar and emphasizes the need for defendants in infringement actions to take steps to ensure their ability to timely file IPR petitions.

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