• Ruiz Food Products, Inc. v. Macropoint LLCRehearing denied
  PTAB · May 6, 2019 · IPR2017-02018 · APJ Nathan A Engels · IPR · Rehearing

  The Board denied the rehearing request, leaving in place dismissal and termination because the petitions were untimely under § 315(a)(1).

  RulingsRehearing decision

  • RehearingRehearing, deniedDenied

    “background legal principle (id. at 2–7), the Decision considers the principle but follows the Federal Circuit’s guidance that the principle is not “firmly established and unequivocal” and therefore cannot justify applying an exception to the unambiguous language of § 315(a)(1). Decision 9–10 (citing Click-to-Call Techs., LP v. Ingenio, Inc., 899 F.3d 1321, 1335 (Fed. Cir. 2018) (explaining that a “background legal principle” must be both “firmly established and unequivocal before it can justify ignoring the plain text of the statute”; holding that the principle that “a dismissal without prejudice leaves the parties as if the underlying complaint had never been filed” is “anything but unequivocal”)).” slip op. at 2

  • PTAB / AIA Trials › §315(b) time barDecided for patent owner

    “(Paper 18) and terminating the proceedings, the Board determined that the Petitions were untimely under 35 U.S.C. § 315(a)(1) and that the Board therefore lacked jurisdiction over the proceedings. More specifically, the Board determined that a complaint for declaratory judgment filed before the Petitions triggered the time bar of § 315(a)(1) even though the complaint was dismissed without prejudice after its filing. Decision at 2–3.” slip op. at 2

  Discretionary denial
  Patents in suitUS 9,429,659

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.