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ARTICLE · 09 APRIL 2021

The One-Year Time Bar Strikes Again

Wolf, Greenfield & Sacks, P.C.
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The time bar in Section 315(b) says that IPR may not be instituted if the petition was filed more than one year after the petitioner was "served with a complaint alleging infringement of the patent."

United StatesIntellectual Property
Stuart Duncan Smith
Stuart Duncan Smith
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The time bar in Section 315(b) says that IPR may not be instituted if the petition was filed more than one year after the petitioner was "served with a complaint alleging infringement of the patent." A recent PTAB decision illustrates that petitioners should be wary of stepping over that line, even if there is a dispute about the patent owner's proof of service.

In Ecometal v. Terves, IPR2020-01620, the petitioner admitted that it received the patent owner's complaint more than a year before filing the IPR petition. But the petitioner disputed that service was proper and argued that the patent owner had not filed in the court the proof of service that the Federal Rules of Civil Procedure require.

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