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ARTICLE · 07 JANUARY 2019

Double Check Your Filings, A Cautionary Tale At The PTAB

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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Recently in Nuna Baby Essentials, Inc. v. Britax Child Safety, Inc., IPR2018-01683, Paper No. 11 (PTAB Dec. 18, 2018), the Patent Trial and Appeal Board ("Board") ...

United StatesIntellectual Property
John Bauer
John Bauer
Vincent Ferraro
Vincent Ferraro
Courtney Herndon
Courtney Herndon
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Recently in Nuna Baby Essentials, Inc. v. Britax Child Safety, Inc., IPR2018-01683, Paper No. 11 (PTAB Dec. 18, 2018), the Patent Trial and Appeal Board ("Board") denied Petitioner's motion to excuse the late filing of exhibits to the Petition, finding that Petitioner failed to establish good cause for such late filing or that consideration of the late-filed exhibits would be in the interests of justice.

On September 10, 2018, Petitioner filed a Petition for inter partes review ("IPR") against Patent Owner's U.S. Patent No. 9,586,504 without any exhibits. At the time of filing, the lead attorney and his support staff believed that the exhibits had been filed with the Petition even though no one checked the docket on the Board's E2E online system to confirm. Petitioner also served the Petition and exhibits on Patent Owner by e-mail and FedEx on September 10, 2018, with the FedEx package being received by Patent Owner on September 11, 2018.

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