More PTAB Decisions & Resources

Ann Robl Recently, the USPTO Patent Trial and Appeal Board (PTAB) designated two more decisions as Informative. Both involve 35 U.S.C. § 315(b) regarding the time bar to filing petitions for inter partes reviews. The following is a description of the decisions from the USPTO:  Luv N’ Care, Ltd. v. McGinley, IPR2017-01216 (PTAB Sept. 18, 2017) (Paper 13). In this decision, the Board denied institution after determining that the Petition was not timely filed under 35 U.S.C. § 315(b), because payment was not received by the Office until after the date the Petition was filed. The Board also denied Petitioner’s motion to assign an earlier filing date to the Petition after determining that Petitioner failed to show good cause for waiving the fee requirement. Amneal Pharmaceuticals, LLC v. Endo Pharmaceuticals, Inc., IPR2014-00360 (PTAB June 27, 2014) (Paper 15). In this decision, the Board…

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