March 11, 2019
Fitch Even partner Paul B. Henkelmann was quoted in today’s issue of Law360 in an article discussing the various questions the Patent Trial and Appeal Board has addressed since the Federal Circuit decision in Click-to-Call v. Ingenio that the voluntary dismissal of an infringement complaint without prejudice does not stop the one-year time limit to file an inter partes review.
In the article, “What The PTAB Has Said About Time-Bars After Click-To-Call,” Paul notes in part, “If you’ve been sued for infringement, whether that complaint gets dismissed voluntarily or involuntarily, you’ve got to be aware that you have a time-bar issue.” Paul also commented on the PTAB’s decision that the one-year time bar can be triggered only by a patent owner’s complaint, cautioning against that assumption since the Federal Circuit has not yet weighed in on this issue.
The article can be read in its entirety on the Law360 website (sub. req.).
For more information on cases discussed in this article, please see these related Fitch Even IP Alerts written by Paul:
- Voluntary Dismissal of Infringement Complaint Doesn't Stop 1-Year Time Limit to File IPR Petition
- Involuntary Dismissal of Infringement Complaint Doesn't Stop 1-Year Time Limit to File IPR Petition
- PTAB Says Weekend Grace Period Applies to the Deadline for Filing an IPR
IP Alert | Federal Circuit Finds Claims Containing Natural Product Are Not Directed to a Judicial ExceptionMarch 20, 2019
On March 15, in Natural Alternatives Int'l. v. Creative Compounds, the Federal Circuit rejected a "law of nature" challenge to claims to a dietary supplement containing a naturally occurring amino acid and a method for treatment of a patient using the dietary supplement. Read more
IP Alert | USPTO Gives Patent Owners New Claim Amendment Options in AIA TrialsMarch 19, 2019
On March 15, the USPTO initiated a new pilot program for motions to amend filed during America Invents Act trial proceedings before the Patent Trial and Appeal Board. Read more