Denying Motion for Leave to File Amended Petition CBM2014-00069, CBM2014-00070


Takeaway: If a petitioner accidentally neglects to include a challenge in its petition, then it is unlikely the Board will allow for the petition to be amended to include those grounds.

In its Order, the Board denied Petitioner’s Motion for Leave to File a Motion to Amend the Petition. Petitioner sought authorization to file a motion to include a review of dependent claims 2-11 of the ’901 Patent under 35 U.S.C. § 112, first paragraph, in CBM2014-00070.  Petitioner stated that it accidentally neglected to include the challenge originally, but did not provide any authority supporting its position that it should be allowed to add challenges to claims to the CBM review on a basis not presented in the Petition.  The Board stated that the Petition must “identif[y], in writing and with particularity, each claim challenged, the grounds on which the challenge to each claim is based.” 35 U.S.C. § 322(a)(3).  Because Petitioner did not do so, the Board denied the Motion, but noted that Petitioner may file a separate petition on these grounds.

Indeed, Inc., Monster Worldwide Inc., and, Inc. v. Career Destination Development, LLC, CBM2014-00069; CBM2014-00070
Paper 15: Order on Conduct of the Proceeding
Dated: September 25, 2014
Patent: 8,374,901 B2
Before: Sally C. Medley, Meredith C. Petravick, and Justin Busch
Written by: Busch