Luminara Worldwide, LLC V. IANCU

  • Aug 22 2018
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  • Category: CAFC Updates

Luminara appeals from three inter partes review (“IPR”) decisions, in which the PTAB held   unpatentable a total of 31 claims across Luminara’s three patents relating to making flameless candles that look and behave like real candles. On appeal, Luminara challenges the Board’s decisions as to one claim from each patent and asserts that the Board’s application of the 35 U.S.C. § 315(b) time-bar was improper as to the ’319 patent. The CAFC vacates the decision as to the ’319 patent and remands for dismissal   of that IPR, holding that the section 315(b) time-bar applies when the underlying complaint alleging infringement has been voluntarily dismissed without prejudice, and affirms the other IPRs because substantial evidence supports the Board’s obviousness determinations.

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