Jones Day is a global law firm with more than 2,500 lawyers across five continents. The Firm is distinguished by a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.
Recent decisions by the Patent Trial and Appeal Board (PTAB) clarify that only a district court action, not an ITC complaint, will trigger this one year bar.
Since their introduction as part of the America Invents Act,
Inter Partes Reviews (IPRs) have proven to be a powerful tool for
parties accused on patent infringement. One important constraint on
their deployment is a one year limit to filing an IPR request after
a party is accused of patent infringement. Recent decisions by the
Patent Trial and Appeal Board (PTAB) clarify that only a district
court action, not an ITC complaint, will trigger this one year
bar.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
