Double Check Your Exhibits

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In Schott Gemtron Corporation v. SSW Holdings Company, Inc., IPR2014-00367, Paper  21 (August 21, 2014), the patent owner pointed out that rather than uploading the expert declaration, the petitioner uploaded a different document, and pointed out that the petition should not have been accorded a filing date until the expert declaration was properly uploaded.  Even though the declaration was served on the patent owner, and the petitioner uploaded the declaration on the next day that the Office was open, the Board agreed, and reset the filing date.  The Board did indicate that the petitioner could move that the petition be accorded an earlier filing date.

In a case like this, where the filing date of the petition is crticial to avoid a time bar, double checking that the proper exhibits are uploaded can be critical.


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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