Oracle Corp. et al. v. Click-to-Call Technologies LP, Case IPR2013-00312 (October 30, 2013) (Paper 26) (Precedential only as to Section III.A)

Takeaway: Voluntary dismissal of a claim of infringement of a patent resets the clock for the § 315(b) one-year time bar. In other words, § 315(b) does not bar a petitioner from filing an IPR petition more than one year after having been served with a complaint alleging infringement of the challenged patent if the complaint was voluntarily dismissed without prejudice under Fed. R. Civ. P. 41(a).

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Takeaway:

Voluntary dismissal of a claim of infringement of a patent resets the clock for the § 315(b) one-year time bar. In other words, § 315(b) does not bar a petitioner from filing an IPR petition more than one year after having been served with a complaint alleging infringement of the challenged patent if the complaint was voluntarily dismissed without prejudice under Fed. R. Civ. P. 41(a). Continue reading “Oracle Corp. et al. v. Click-to-Call Technologies LP, Case IPR2013-00312 (October 30, 2013) (Paper 26) (Precedential only as to Section III.A)”