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PTAB designates two decisions as precedential regarding filing deadlines under § 315(b) and pre-institution statutory disclaimer

Infiltrator Water Techs., LLC, v. Presby Patent Trust, Case IPR2018-00224 (PTAB Oct. 1, 2018) (Paper 25)

This decision applies Click-to-Call Techs., LP v. Ingenio, Inc., 899 F.3d 1321 (Fed. Cir. 2018) and determines that a complaint dismissed without prejudice for lack of personal jurisdiction triggers the § 315(b) time bar.

General Electric Co. v. United Techs. Corp., Case IPR2017-00491 (PTAB July 6, 2017) (Paper 9)

This decision applies 37 C.F.R. § 42.107(e) and denies institution of an inter partes review where Patent Owner has disclaimed all challenged claims prior to institution.

Learn more about these precedential decisions.

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