Federal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness<br>Federal Circuit: Framework for 'Overlapping Cases' Applies in IPR
Adam Fischer
On September 7, the Federal Circuit made clear that an IPR petitioner always retains the burden of establishing the timeliness of its petition, and that the burden never formally shifts to the patent holder; not even to identify a real party in interest.
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