Precedential Opinion Panel Reverses Decision on 315(b)
Earlier this year the Patent Trial & Appeal Board (PTAB) instituted trial in Sling TV, L.L.C. et al. v. Realtime Adaptive Streaming, LLC, IPR2018-01331, Paper 9 (PTAB January 31, 2019). In doing so it created a new exception to the 315(b) time bar. The exception explained that the trigger for 315(b) — service of the complaint — was ineffective if the true patent owner was not responsible for the filing.
At the time, I questioned whether this exception made sense given that exclusive licensees commonly assert patents. And, the statutory language and legislative history did not seem to support such a narrow interpretation. The Precedential Opinion Panel (POP) decided the issue last week in GoPro, Inc. v. 360Heros, Inc., (IPR2018-01754).
The POP agreed.