Erroneous PGR Service Deemed Excusable by Split Panel, PTAB Litigation Blog
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In DynaEnergetics Europe GmbH et al v. QinetiQ Limited (PGR2023-00003), the petitioner filed its petition on the last possible day in the 9-month statutory period to timely file a petition for post-grant review (PGR). The certificate of service for the PGR petition was sent to an incorrect law firm that had never represented patent owner nor was the petition timely served on the patent owner’s counsel of record. This error was discovered by the petitioner several days after the expiration of the 9-month statutory period and the patent owner’s counsel of record was served shortly thereafter. The patent owner filed a motion to dismiss due to defective service and a split panel opted to exercise their discretion and deny the motion.
