PTAB Designates Two New Informative Decisions Addressing IPR Filing Issues

The PTAB recently designated two decisions as informative that concern the time bar to filing an inter partes review (IPR). Under 35 U.S.C. § 315(b), "An inter partes review may not be instituted if the petition requesting the proceeding 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." The PTAB periodically designates one of its decisions as "informative" for several reasons, including that they illustrate norms on recurring issues, guidance on issues of first impression, or guidance on PTAB rules and practices. See PTAB Standard Operating Procedure No. 2 (Rev. 9, Sept. 22, 2014).