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  • PTAB · Mar 2, 2020 · IPR2019-01589 · APJ Kevin W Cherry · IPR · Institution

    The Board denied joinder because no proceeding remained to join, then denied institution because the petition was time barred under § 315(b).

    RulingsInstitution decision
    • PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, deniedDenied

      “Because IPR2019-00748 has terminated in a Final Written Decision and no proceeding remains for Petitioner to join, we deny Petitioner’s motion to join IPR2019-00748.” slip op. at 2

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

      “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 is served with a complaint alleging infringement of the patent.” 35 U.S.C. § 315(b); see also 37 C.F.R. § 42.101(b). Because Petitioner was served with a complaint asserting infringement of the ’535 patent more than one year before it filed the Petition, Pet. 5, we deny the Petition as barred under 35 U.S.C. § 315(b).” slip op. at 2

    Discretionary denial
    Patents in suitUS 8,934,535

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.