Common Mistakes in Petitions

Attorney Argument in the Claim Charts

In Tissue Transplant Technology Ltd. v.  MiMedx Group, Inc., IPR2015-00320, Paper 6 (December 31, 2014), the Board granted the petition a filing date, but found the claim charts objectionable because they contained attorney argument, and gave petitioner five business days to make corrections.

In Starbucks Corporation v. Kroy Holdings, LLC, IPR2015-00260, Paper 5 (December 23. 2005), the Board granted the petition a filing date, but found the claim charts objectionable because they contained attorney argument, and gave petitioner five business days to make corrections.

In Daifuku Co., Ltd. v. Murata Machinery, Ltd., IPR2-15-00083, Paper 5 (November 7, 2014), the Board granted the petition a filing date, but found the claim charts objectionable because they contained attorney argument, and gave petitioner five business days to make corrections

Exhibit Labels

Sometimes the smallest things can thwart you.  In FarmedHere, LLC v. Just Greens, LLC, IPR2015-00333, Paper 6 (December 31, 2014), petitioner exhibits were found improper for violating 37 C.F.R. § 42.63(d), which requires each exhibit have an exhibit label with the Petitioner’s name, a unique exhibit number and unique page numbering affixed to the lower right corner of the exhibit’s pages.  The Board granted the petition a filing date, and gave petitioner five business days to make corrections