Takeaway: If you foresee requesting relief, such as authorization to file a motion for leave to file an amended paper, do so as soon as possible in order to allow the Board ample time to provide such relief where warranted.
In its Order, the Board denied Patent Owner’s request for authorization to file a Motion for Leave to file an amended Response. Patent Owner requested a number of emergency extensions for the Patent Owner Response, and was ultimately granted 10 days. Then, over a month and a half after filing the Patent Owner Response, Patent Owner filed a Revised Patent Owner Response without any notification to the Board. The Board expunged the unauthorized entry. Patent Owner then requested a telephone call with the Board, and alleged that Patent Owner previously had insufficient funds to retain a technical expert in support of their positions in this and six other trials. The Board told the Patent Owner that had earlier requests for relief been raised, the Board may have been able to provide possible relief where warranted, but after the fact no relief would be granted.
Mobotix Corp. v. E-Watch, Inc., IPR2013-00334
Paper 35: Order on Conduct of the Proceeding
Dated: April 10, 2014
Before: Jameson Lee, Michael W. Kim, and Matthew R. Clements
Written by: Clements