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Dismissals Without Prejudice Start 315(b) Clock

Bylined Articles
Sterne, Kessler, Goldstein & Fox P.L.L.C.

Sitting En Banc, the CAFC in Click-to-Call v. Ingenio held that complaints dismissed without prejudice can still trigger the time-bar of 35 U.S.C. 315(b). The Court took the case en banc sua sponte because two panels reached opposite conclusions. Judges Louri and Dyk (on the conflicting panel) wrote in dissent. So if your civil action has been voluntarily dismissed, the time-bar is still running.