Filing Date Motion Granted Due To COVID-19, PTAB Litigation Blog
Visit the PTAB Litigation Blog.
NeuMoDx Molecular, Inc., (Petitioner) who was otherwise barred from pursuing two IPR proceedings regarding patents owned by HandyLab, Inc. (Patent Owner) under 35 U.S.C. § 315(b)’s one year deadline, filed a Motion to Change the Filing Date Accorded. The motion sought to have the PTAB change the filing date accorded to the petitions from the date that Petitioner effected service, to the date that Petitioner filed the petitions and paid the statutory fees. The change would allow Petitioner to avoid the one year deadline of § 315(b).
Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.
