- Blue Coat Systems, Inc. v. Finjan, Inc.Institution deniedPTAB · Jun 20, 2016 · IPR2016-00478 · APJ James B Arpin · IPR · Institution
The Board denied institution on all challenged claims as time-barred under § 315(b), after dismissing the motion for joinder as moot.
RulingsInstitution decision- PTAB / AIA Trials › §315(b) time barInstitution denied time barInstitution denied
“Petitioner acknowledges that a complaint alleging infringement of the ʼ968 patent was served on Petitioner more than a year before the filing date of the Petition. Pet. 8–9. Under 35 U.S.C. § 315(b), that is a bar to the institution of inter partes review unless Petitioner’s request for joinder is granted. See id. (“[H]owever, a motion to joinder has been filed to join the inter partes review requested in the ’149 petition not later than 1 month after institution in accordance with 37 U.S.C. § 315(c).”). Because we dismiss that Joinder Motion (see supra Section II), we conclude that the Petition should be denied as time-barred under § 315(b). B. Denial on the Same Grounds as the ʼ149 IPR” slip op. at 3
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, deniedDenied
“II. DISMISSAL OF MOTION FOR JOINDER Because we denied the petition in IPR2016-00149, and we did not institute inter partes review in that case, Petitioner’s Joinder Motion is dismissed as moot. 35 U.S.C. § 315(c).1” slip op. at 3
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied time barInstitution denied
“’149 IPR, Paper 11, 7; see ’149 IPR, Paper 2, 8–9. In view of our determination that the Petition is time-barred under 35 U.S.C. § 315(b), however, we do not need to decide the separate grounds for denial urged by Patent Owner. See Prelim. Resp. 18–60. IV. ORDER It is, therefore, ORDERED that the Motion for Joinder is dismissed as moot; and FURTHER ORDERED that the Petition is denied as to all challenged claims as untimely filed, and no trial is instituted.” slip op. at 4
Discretionary denialPatents in suitUS 6,965,968 - Blue Coat Systems, Inc. v. Finjan, Inc.Institution deniedPTAB · Jun 20, 2016 · IPR2016-00479 · APJ James B Arpin · IPR · Institution
The Board denied institution on all challenged claims as untimely under § 315(b), after dismissing the motion for joinder as moot.
RulingsInstitution decision- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, deniedDenied
“II. DISMISSAL OF MOTION FOR JOINDER Because we denied the petition in IPR2016-00150, and we did not institute inter partes review in that case, Petitioner’s Joinder Motion is dismissed as moot. 35 U.S.C. § 315(c).1” slip op. at 3
- PTAB / AIA Trials › §315(b) time barInstitution denied time barInstitution denied
“Petitioner acknowledges that a complaint alleging infringement of the ʼ968 patent was served on Petitioner more than a year before the filing date of the Petition. Pet. 9. Under 35 U.S.C. § 315(b), that is a bar to the institution of inter partes review unless Petitioner’s request for joinder is granted. See id. (“[H]owever, a motion to joinder has been filed to join the inter partes review requested in the ’150 petition not later than 1 month after institution in accordance with 37 U.S.C. § 315(c).”). Because we dismiss the Joinder Motion (see supra Section II), we conclude that the Petition should be denied as time-barred under § 315(b). B. Denial on the Same Grounds as the ʼ150 IPR” slip op. at 3
Discretionary denialPatents in suitUS 6,965,968 - Lannett Holdings, Inc. v. Astrazeneca ABInstitution deniedPTAB · Feb 2, 2016 · IPR2015-01630 · APJ Zhenyu Yang · IPR · Institution
The Board denied institution for claims 1–16 because Petitioner did not show that the petition was timely under § 315(b).
RulingsInstitution decision- PTAB / AIA Trials › §315(b) time barInstitution denied time barInstitution denied
“instituted “if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent.”” slip op. at 4
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied time barInstitution denied
“CONCLUSION Based on evidence of the record, Petitioner has not made sufficient showing that it is not barred from requesting an inter partes review. 35 U.S.C. § 315(b); 37 C.F.R. § 42.104(a).” slip op. at 9
Discretionary denialPatents in suitUS 7,220,767
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.