Analysis

Ban On IPR Time-Bar Tricks Will Spur New Strategies

Law360 (March 20, 2020, 8:23 PM EDT) -- A Federal Circuit decision barring techniques that permitted inter partes reviews that would otherwise be time-barred will force petitioners to either mount broader challenges or push district courts to require patent holders to quickly narrow infringement cases, attorneys say.

In a Wednesday opinion, the appeals court ruled that the Patent Trial and Appeal Board was wrong to let Facebook join its later IPR petition to one it filed earlier, and to use the later petition to challenge additional claims of network security patents owned by Windy City Innovations LLC.

Facebook and other petitioners had used those methods to challenge patent claims...

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