Filing For Inter Partes Review After The 1-Year Deadline

Law360, New York (April 30, 2013, 3:24 PM EDT) -- Upon service of a complaint for patent infringement, a defendant has one year to file in the U.S. Patent and Trademark Office a petition for inter partes review of the patent. But this deadline does not apply to joining another party's already existing review. Moreover, the Patent Trial and Appeal Board recently ruled that this deadline also does not apply when joining two petitions by the same party — one filed within the deadline and the other not. Since, in that case, both petitions were by the same party, the petitioner had extra time to renew and strengthen its attack on the patent's claims with more prior art in the second petition....

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