Arbitration Doesn't Trigger Time Bar In AIA Reviews: USPTO

Law360, New York (February 4, 2014, 4:22 PM EST) -- The U.S. Patent and Trademark Office ruled Friday that the time limit for filing an inter partes review only starts running when a complaint is filed in court, not in arbitration, denying Tessera Inc.'s bid to end a review of one of its semiconductor patents.

Tessera, which sued Amkor in 2012, moved to terminate an inter partes review initiated last year by Amkor Technology Inc., arguing that because it had accused Amkor of infringement in a 2009 arbitration, the petition seeking review was untimely.

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