Full Fed. Circ. Says Axed Suits Still Start AIA Time-Bar Clock

Law360 (August 16, 2018, 8:43 PM EDT) -- The full Federal Circuit ruled Thursday that patent suits that are voluntarily dismissed start the clock on the one-year window the accused party has to file an inter partes review petition, saying the Patent Trial and Appeal Board's contrary holding misread the America Invents Act.

The court held that the PTAB should never have reviewed and invalidated a Click-To-Call Technologies LP patent on anonymous phone calls at the request of YellowPages.com LLC, because the petitioner's predecessor was sued over the patent 12 years before the petition was filed.

The PTAB said the 2001 suit did not trigger the one-year window for...

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