Precedential Decisions Offer Guidance on Bars to Institution

An inter partes review may not be instituted if, before the date on which the petition is filed, the petitioner or real party in interest filed a civil action challenging the validity of a claim of the challenged patent. See 35 U.S.C. § 315(a). Likewise, an inter parties 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). Three decisions recently designated as precedential by the PTAB provide further guidance on such bars to institution.

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