Eight Concurrent Petitions Does not Win Sympathy or a Delay

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Most Conduct of Proceeding Orders issued by the Board are unremarkable, but in Mobotix Corp. v, e-Watch, Inc., [IPR2013-00499], Paper 16 (Feburary 28, 2014), the patent owner sought a six month delay in the proceedings because it was involved in a total of eight inter partes review proceedings (only one other involving the currently challenged patent, U.S. Patent No. 7,228,429 (IPR2013-00335)).  The Board rejected the delay, noting that delaying the trial for 6 months would mean it could not be completed within the one-year time period required by statute.

The same trick also did not work in Mobotix Corp. v, e-Watch, Inc., [IPR2013-00498], Paper 13 (Feburary 28, 2014), involving U.S. Patent No. 7,023,913, which is also the subject of IPR2013-00337.


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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