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...
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