In Samsung v. Fractus, No. IPR2014-0008 (P.T.A.B. Jan. 2, 2014), the Patent Trial and Appeal Board (“PTAB”) denied a petition for inter partes review. The PTAB stated that the petitioner filed the petition more than one year after it was sued for patent infringement, outside of the statutory time period requirement of the America Invents Act Section 315(b). The petitioner argued that the one year statutory period did not apply because the complaint was filed before Congress enacted the America Invents Act. The PTAB rejected these arguments and stated that it has consistently taken the position that the statute bars institution of an inter partes review based on a complaint served more than one year earlier. The enactment date of the statute does not matter. The petitioner also argued that the statutory provision was met in this case because an amended complaint was filed within the one year period. The PTAB rejected this argument, explaining that the statute does not authorize review if a complaint is served within a year, rather it bars review if any complaint was filed more than a year earlier. Therefore, a patent subject to an amended complaint within one year of the petition is not eligible for inter partes review under the statute if the underlying original complaint was served more than one year prior to the petition.