A person who is not the owner of a patent may file with the Office a petition to institute
an inter partes review of the patent unless:
(a) Before the date on which the petition for review is filed, the petitioner or real
party-in-interest filed a civil action challenging the validity of a claim of the
(b) The petition requesting the proceeding is filed more than one year after the date
on which the petitioner, the petitioner's real party-in-interest, or a privy of the
petitioner is served with a complaint alleging infringement of the patent; or
(c) The petitioner, the petitioner's real party-in-interest, or a privy of the petitioner
is estopped from challenging the claims on the grounds identified in the petition.
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