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ARTICLE · 27 APRIL 2025

PTAB Finds Petition Time Barred

Jones Day
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In 2985 LLC d/b/a Mountain Voyage Company, LLC v. The Ridge Wallet LLC, a Patent Trial and Appeal Board ("PTAB") panel denied inter partes review ("IPR") institution...

United StatesIntellectual Property

In 2985 LLC d/b/a Mountain Voyage Company, LLC v. The Ridge Wallet LLC, a Patent Trial and Appeal Board ("PTAB") panel denied inter partes review ("IPR") institution where the petition was time barred under 35 U.S.C. § 315(b) ("§ 315(b)"). IPR2024-001264, Paper 15 at 8 (PTAB Feb. 18, 2025). This denial occurred because Petitioner failed to bring the petition requesting institution within one year after the date on which the petitioner, real party in interest, or privy of the petitioner was served with a complaint alleging infringement. Id.; see also 35 U.S.C. § 315(b).

On March 15, 2023, Petitioner was served with a complaint alleging infringement in the United States District Court of Colorado. Id. In response, on August 6, 2024, Petitioner filed a petition to institute IPR of claims 1-24 of U.S. Patent No. 10,791,808 B2 ("the '808 patent"). Id. at 2. The patent at issue was to a compact wallet, which was not substantially larger than a credit card and maximized

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