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ARTICLE · 15 JUNE 2016

PTAB Holds Technical Difficulties Will Not Save Late-Filed IPR Petitions

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The PTAB recently stood firm in denying a petitioner's motion to change the filing dates of two IPR petitions that missed a statutory deadline by less than ten minutes.

United StatesIntellectual Property
Foley & Lardner
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The PTAB recently stood firm in denying a petitioner's motion to change the filing dates of two IPR petitions that missed a statutory deadline by less than ten minutes. Case IPR2016-00281 and IPR2016-00282 (Patents 8,603,514 B2 and 8,017,150 B2). The petitioner, Teva Pharmaceuticals USA, Inc., was facing a 1-year statutory IPR filing deadline of December 3, 2015, set by a complaint alleging patent infringement served on Teva a year earlier.

A legal assistant handling the IPR filings started filing the IPR petitions at 11:11 pm on December 3, 2015, after facing technical difficulties with an unrelated petition that the legal assistant filed first that evening. The technical difficulties continued while the legal assistant was filing the Teva petitions. These technical difficulties included slow processing, frozen screens, and rejected payments. The USPTO Patent Review Processing System ("PRPS") eventually issued filing notifications for the two IPR petitions at 12:01

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