Defective Service of Complaint Fails to Trigger Time Bar, PTAB Litigation Blog
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Institution of an IPR is automatically barred if the “petition requesting the proceeding is filed more than 1 year after the date on which the petitioner…is served with the complaint alleging infringement of the patent.” 35 U.S.C. § 315(b). In a recent PTAB case, a patent owner’s defective service of the related district court pleading on a petitioner prevented trigger of the one-year statutory time bar on IPR filings. See Lightricks Ltd. v. Plotograph, Inc., IPR2023-00153, September 5, 2023.
Tova Werblowsky is a member of the New Lawyers Group in Jones Day’s New York Office.
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