Spacing Out: PTAB Rejects Word Count Challenge Over Missing Spaces

In a recent inter partes review institution decision, the Patent Trial and Appeal Board (PTAB) addressed and rejected a procedural challenge regarding word count compliance, providing guidance on formatting requirements and waiver of procedural objections.

In IPR2025-00112, Patent Owner Miracor Medical SA accused Petitioner Abbott Laboratories of circumventing the 14,000-word limit for IPR petitions through improper formatting. Patent Owner argued that Abbott's petition "regularly omits a space when citing to exhibits (e.g., 'Ex.1001' vs. 'Ex. 1001'), the expert's declaration (e.g., '¶¶16–19' vs. '¶¶ 16–19'), and statutes (e.g., '§103' vs. '§ 103')." Patent Owner claimed these formatting choices occurred so frequently that "at least 966 words have been improperly undercounted," resulting in "an advantage to Petitioner and undue prejudice to Patent Owner." The patent owner sought denial of the entire petition based on this alleged violation.