Patent Challenge Bar Applies Even in Dismissed Cases, Court Says

Aug. 16, 2018, 10:16 PM

The one-year deadline for filing an administrative patent challenge applies even when the triggering infringement complaint is dismissed, a federal appeals court ruled.

Ingenio Inc.’s attack on Click-to-Call Technologies LP’s patent has to be dismissed because it missed the deadline, the full U.S. Court of Appeals for the Federal Circuit said Aug. 16. The Patent Trial and Appeal Board had said the time bar didn’t apply because the patent’s previous owner dismissed its infringement lawsuit without prejudice, but the appeals court said that was incorrect.

The decision could benefit patent owners because it tightens the deadline for filing for inter ...

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