Facebook, Inc. v. Rembrandt Social Media, L.P.
In an order granting a request for rehearing to address the
issue of a filing date of a petition for inter partes review (IPR),
the U.S. Patent and Trademark Office's Patent Trial and Appeal
Board (Board) granted a request for rehearing to clarify that
service of the petition by electronic means or Express Mail is not
required to be accorded a filing date, finding that the petition
was accorded the proper filing date. Facebook, Inc. v.
Rembrandt Social Media, L.P., Case IPR2014-00415 (PTAB, July 31,
2014) (Clements, APJ).
Patent owner, Rembrandt Social Media, requested a rehearing for
the Board's decision to institute the IPR. In the
decision to be reheard, the Board stated that "mailing via
FedEx after the cut-off time on Thursday [February 6, 2014] without
electing Saturday delivery failed to comply with 37 C.F.R. §
42.105(b)," but accorded a filing date of February 6,
2014. The patent owner argued that the Board
