Micron Tech. Inc. v. Mass. Institute of Tech., et al.
Clarifying the meaning of "complaint" for purposes of
the 35 U.S.C. § 315(b) one-year time bar for instituting an
inter partes review (IPR), the Patent Trial and Appeal
Board (PTAB or Board) concluded that a proceeding in a foreign
country does not trigger the § 315(b) bar. Micron Tech.
Inc. v. Mass. Institute of Tech., et al., IPR2015-01087 (PTAB,
Nov. 5, 2015) (Galligan, APJ).
The petitioner, Micron, requested IPR of an MIT patent relating
to using a laser in cutting parts of a circuit. Under §315(b),
an IPR "may not be instituted if the petition requesting the
proceedings is filed more than 1 year after the date on which the
petitioner, real party in interest, or privy of the petitioner is
served with a complaint alleging infringement of the patent."
MIT argued that Micron's request should be rejected as
time-barred because Micron was served with a complaint more than
one year before the petition was filed.
