August 26, 2019 / 1:57 PM / 3 months ago

IPR deadline applies even if complaint was defective, says PTO

The one-year clock for challenging a competitor’s patent under the America Invents Act starts to run when the challenger is served with a lawsuit for infringement, even if that lawsuit suffers from a fatal defect, a three-judge review panel held Friday.

The decision by the Precedential Opinion Panel of the U.S. Patent Trial and Appeal Board is a loss for action-camera maker GoPro Inc, which had convinced the PTAB that its September 2018 petition for review was timely even though rival 360Heros Inc had first sued it for infringement in August 2016.

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