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Acoustic Technology, Inc. v. Itron Networked Solutions, Inc. (Fed. Cir. Feb. 13, 2020)

The Federal Circuit held that the patent owner had waived the argument that an inter partes review is time-barred under 35 U.S.C. 315(b) because it failed to raise the argument before the Patent Trial and Appeal Board.

Had the argument been raised, the IPR would have been time-barred because, a few days after institution, Silver Spring Networks completed its merger with Itron Networked Solutions which was sued by Acoustic Technology years ago regarding the same patent.

Read the case here.

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