CLICK-TO-CALL TECHNOLOGIES, LP V. INGENIO, INC.
- Aug 22 2018 |
- Category: CAFC Updates
Click-to-Call (“CTC”) contends that the PTAB erred in determining that an inter partes review (“IPR”) petition challenging claims of CTC’s patent relating to an anonymous telephone communication system was not time-barred under § 315(b). The CAFC concludes that the Board committed legal error in rendering its § 315(b) determination, and rejects the proposed, alternative grounds for affirmance. Because the subject petition was time-barred, the Board lacked jurisdiction to institute the IPR proceedings. Accordingly, the CAFC vacatesthe Board’s Final Written Decision and remands with instructions to dismiss. Judge Taranto issued a concurring opinion and Judges Dyk and Lourie dissent.