An inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy is served with a complaint alleging infringement of the challenged patent. See 35 U.S.C. § 315(b). The Federal Circuit recently provided guidance on what constitutes service in the context of § 315(b).
It is helpful to first consider the findings by the PTAB. Read the full article.