In its Decision, the Board denied Patent Owner’s Motion to Terminate the Proceeding based upon lack of jurisdiction of the Board to institute inter partes review.
Category Archives: Formality Requirements
Granting Rehearing of Decision on Institution Allowing Issue Joinder IPR2015-00762
In its Decision, the Board granted Petitioners’ Request for Rehearing of the Board’s decision not to institute inter partes review of the ‘349 patent. In granting the rehearing, the Board also reversed its previous decision on institution and instituted the challenge to claims 1-3, 8, 9, 12, 16, and 19 as anticipated by Hideji, and joined this proceeding with IPR2014-01121. Continue reading
Denying Motion to Dismiss Petition IPR2015-00519
In its Decision, the Board denied “Patent Owner’s Motion To Deny The Petition A Filing Date For Failure To Serve The Patent Owner At The Correspondence Address Of Record And To Dismiss The Petition For Failure To File The Petition Within One Year After Service Of A Complaint For Patent Infringement.” Continue reading
Order Regarding Institution of Inter Partes Review IPR2015-00065
The Board held a conference call to discuss scheduling in this IPR and two related IPRs. In this IPR, by agreement of the parties, Patent Owner is submitting its preliminary response in two parts. Patent Owner submitted the first part a few days before the conference call. In its Order, the Board addressed several arguments raised by Patent Owner in the first part of the preliminary response. Continue reading
Granting Motion for Leave to File Motion to Correct Clerical Error IPR2014-01373
In its Order, the Board granted Petitioner authorization to file a motion to correct a clerical error. Petitioner filed a document that purported to be a petition, but mistakenly filed an exhibit to the petition in its place. Two days later, once Petitioner realized the mistake, it filed the Petition with a letter requesting that because the error was unintentional, the correct filing date should be the original filing date. Patent Owner opposed the request to the extent that a motion had not been filed. The Board noted that requests for relief should be filed as motions, and such motions generally require authorization from the Board before filing. The Board then treated the letter as a request for authorization to file a motion to correct a clerical error. Continue reading
Granting Motion to Deem Response Timely Filed IPR2014-00148
In its Decision, the Board granted Patent Owner’s Motion to Deem the Response Timely Filed. At the same time, the Board extended Due Date 2 by a day. Due Dates 3-7 remain as originally scheduled.
Patent Owner’s Response to the Petition had been due on August 18, 2014. The person handling the filing for Patent Owner began filing the Response at 11:45 p.m. on that day. However, due to “technical difficulties” relating to the USPTO Patent Review Processing System (PRPS), the person handling the filing was unable to complete the filing until 12:31 a.m. on August 19, 2014. In other words, the Response was filed 31 minutes late. Continue reading
Granting Motion for Leave to File Motion for Extension of Time IPR2014-00148
In its Order, the Board authorized Patent Owner to file a motion to deem the late filing of the Patent Owner Response as timely. The parties had previously stipulated that the Patent Owner’s Response was due by August 18, 2014, and Patent Owner submitted the Response on August 19, 2104. The parties therefore sought guidance on addressing the timeliness of the Response. Continue reading
Decision Denying Institution IPR2014-00489
In its Decision, the Board denied institution of an inter partes review, finding that Petitioner had not established a reasonable likelihood of prevailing with respect to any challenged claim of the ’988 patent. The ’988 patent describes “a system for remote data acquisition and centralized processing and storage of the acquired data,” and “is said to improve upon the prior art by providing an automated, reliable, secure system to process electronic and paper transactions.” Continue reading
Denying Institution of Inter Partes Review IPR2014-00384
In its Decision, the Board denied institution of an inter partes review of the ’269 Patent. The ’269 Patent relates to methods of synthesizing nondestructive examination data to be used for training data analysts and/or testing inspective techniques. Continue reading
Expunging Unauthorized Motion to Exclude and Reply to Preliminary Response IPR2014-00439
In its Order, the Board expunged Petitioner’s Motion to Exclude and its Reply to Patent Owner’s Preliminary Response because Petitioner failed to obtain the Board’s authorization to file either paper. Continue reading