Board Finds that Parties’ Agreement on Service of Complaint Controls When Service was Effective

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TRW Automotive U.S. LLC v. Magna Electronics Inc.,  IPR2014-00251, Paper 13, IPR2014-00255, Paper 16, IPR2014-00256, Paper 15,IPR2014-00257 Paper 15, IPR2014-00258; Paper 15, IPR2014-00259 Paper 18, IPR2014-00260; Paper 18, IPR2014-00261 Paper 18, IPR2014-00262; Paper 14, IPR2014-00263 Paper 14, IPR2014-00264; Paper 14, IPR2014-00265, Paper 14, IPR2014-00266, Paper 16 (June 2, 2014). 

The parties had entered into an agreement that service would be effected by email and Federal Express on December 17, but the patent owner emailed and federal expressed the Summons and Complaint on December 14.  Because these were not authorized methods of service, the Board determined that they were not effective until December 17, when the agreement of the parties authorized such service.  Thus the Board concluded that the petitions were timely filed within one year of service fo the Complaint.

Topics:  Patent Litigation, Patent Trial and Appeal Board, Patents, Popular, Service of Process

Published In: Civil Procedure Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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