Board Cuts Patent Owners Time in Half to Stay on Schedule

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In Reloaded Games, Inc. v. Parallel Networks, LLC, IPR2014-00950, Paper 9 (July 8, 2014), Petitioner filed a second petition for inter partes review covering claims for which trial was not instituted in its first petition for inter partes review.  After observing that 37 C.F.R. § 42.107(b) gives a patent owner 3 months to file its preliminary response must be filed within 3 months of the filing date of a petition. 37 C.F.R. § 42.107(b), the Board noted that under 37 C.F.R. § 42.5(c)(1) it may modify times set by rule, taking into account any statutory pendency goal.  In view of the circumstances and the statutory deadlines in first inter partes review, the Board cut the patent owner time for response  in half, to preserve the possibility of joining the two proceedings.

 

Topics:  Patent Litigation, Patent Ownership, Patent Trial and Appeal Board, Patents

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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