Click-to-Call Tech., LP v. Ingenio, Inc. and Iancu (Fed. Cir. 2018) On August 16, 2018, the Federal Circuit ruled en banc that an institution of IPR is time-barred by a prior infringement complaint served over 1 year prior, even though that complaint was voluntarily dismissed.  In this interpretation of 35 U.S.C. § 315(b), the court found that “in the inter partes review context, the ‘legislative history confirms . . . Congress’s desire to enhance the role of the PTO and limit the burden of litigation on courts and parties.’”  While the dissent argued that “the purposes of section 315(b) will be defeated if the patentee plaintiff is allowed to manipulate the filing of infringement actions in order to bar a future IPR challenge”, the majority stated that such a situation would be a “very limited scenario of merely hypothetical potential abuse.”