• Iko Industries, Inc. / Iko Industries Ltd. v. Kirsch Research And Development, LLCInstitution denied
  PTAB · May 20, 2022 · IPR2022-00416 · APJ Charles J Boudreau · IPR · Institution

  The Board denied institution on all challenged claims because IKO Industries, Inc. and real party in interest Tarco were served more than one year before the petition, barring review under § 315(b).

  RulingsInstitution decision

  • PTAB / AIA Trials › §315(b) time barInstitution denied time barInstitution denied

    “We agree with Patent Owner. Despite Petitioner’s “certif[ication],” quoted by Patent Owner in the Preliminary Response, that “Petitioner is not barred or estopped from requesting inter partes review challenging the patent claims on the grounds identified herein” (Pet. 2), the uncontroverted evidence before us demonstrates otherwise. As Patent Owner points out, the January 7, 2022, filing date of the Petition is more than twenty months after both Petitioner IKO Industries, Inc. and real party in interest Tarco were served in the IKO and Tarco lawsuits, respectively. See Exs. 2003, 2005.1” slip op. at 4

  Discretionary denial
  Patents in suitUS 6,308,482

Holdings, summaries, rulings, issues, outcomes, winners and claim constructions shown for a decision were generated by a large language model reading the opinion. They are a guide to the decision, not the decision. Confirm every one against the court's own text before relying on it. Outcomes read from the patent owner’s side. Party names are extracted from the decision and are missing on about 900 short Director denials and scans, which carry the trial number instead.