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ARTICLE · 30 MARCH 2017

ITC Proceedings Do Not Trigger One Year Clock to File IPR, ITC Blog

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In three decisions issued on the same day, the PTAB denied Robert Bosch Tool Corp.'s requests to institute IPRs of three patents owned by SD3.

United StatesIntellectual Property
Jones Day'S ITC Team
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Increasing use of Inter Partes Reviews (IPRs) by patent stakeholders and an increase in the number of ITC complaints heighten the importance of an interplay between IPRs and ITC proceedings. We have previously noted that the ITC does not stay their proceedings in view of IPR institution. Recent decisions by the Patent Trial and Appeal Board (PTAB) bring to light another distinguishing feature of taking a patent dispute to the ITC – it will not start a one-year clock to file an IPR request.

In three decisions issued on the same day, the PTAB denied Robert Bosch Tool Corp.'s requests to institute IPRs of three patents owned by SD3. See Robert Bosch Tool Corp. v SD3, LLC, IPR2016-01751 (PTAB March 22, 2017), Paper 15; Robert Bosch Tool Corp. v SD3, LLC, IPR2016-01753 (PTAB March 22, 2017), Paper 15; Robert Bosch Tool Corp. v SD3, LLC, IPR2016-01754 (PTAB March 22, 2017), Paper 15. In two of these decisions (IPR2016-01751 and IPR2016-01753), the PTAB considered patent

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