Analysis

Fed. Circ. Time-Bar Case Puts Pressure On Patent Defendants

By Ryan Davis (August 22, 2018, 8:35 PM EDT) -- The Federal Circuit's recent decision that patent suits that are voluntarily dismissed trigger the one-year window for filing an inter partes review petition ramps up pressure on accused infringers to challenge patents and will restrict settlement options, attorneys say.

In an Aug. 16 holding by the full court, the Federal Circuit rejected the Patent Trial and Appeal Board's long-standing position that when a patent is suit voluntarily dismissed without prejudice, the clock does not start on the America Invents Act's one-year time limit for the accused infringer to challenge the patent.

The appeals court held instead that the time-bar window begins...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Subscribers Only

Nature of Suit

Subscribers Only

Judge

Subscribers Only

Date Filed

Subscribers Only

Law Firms

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!