PTAB Rules Gov't Contractor Isn't Subject To IPR Time-Bar

Law360, New York (November 7, 2016, 9:06 PM EST) -- The Patent Trial and Appeal Board agreed Monday to review an engine starter patent challenged by a government contractor that makes Humvees, ruling the time bar to file for inter partes review wasn't triggered by the contractor's involvement in infringement proceedings at the Court of Federal Claims.

The PTAB instituted inter partes review of three claims in the patent owned by a Michigan-based called UUSI LLC. The government contractor, AM General LLC, has argued those claims are invalid because they would have been obvious at the time of the invention.

Under the America Invents Act, a petitioner must file a request...

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