PTAB Practice Tip: When Must I Request ‘Authorization’ To File A Motion?

One of the most common mistakes parties make in the new Inter Partes Review (IPR) and Covered Business Method (CBM) proceedings is failing to seek Board authorization to file a motion. Many practitioners incorrectly assume that the way to request relief of any sort is to simply file a motion. But what these practitioners fail to realize is that they must first obtain the Board's permission (authorization) to even file the motion. Moreover, obtaining the Board's permission to file a motion doesn't mean that you are automatically entitled to the relief requested; it simply means that the Board will consider your motion (which the Board may ultimately deny on the merits).

General Rule: Prior Authorization Required