Macauto USA v. Baumeister & Ostler Gmbh & Co.


September 21, 2012

IPR2012-00004 (Patent 6,422,291)

[The Board may allow a petitioner to correct any defects in the petition within 5 days of the notice.]

FACTS

Petitioner Macauto USA petitioned for an IPR of patent owed by Baumeister & Ostler Gmbh & Co. but the petition contained several defect.

HOLDING

The Board held that Petitioner must correct identified defects within five business days of the notice and may not make any substantive changes to the petition. The following defects needed correction:

  • Failure to identify related matters or state that there are none. 37 C.F.R. § 42.8(b)(2).
  • Failure to sequentially number the exhibits. 37C.F.R. § 42.63(c).
  • Failure to identify lead counsel. 37 C.F.R. §§ 42.8(b)(3), 42.10.
  • Failure to identify back-up counsel. 37 C.F.R. §§ 42.8(b)(3), 42.10.

TAKEAWAY

Petition must be complete and conform to 37 C.F.R. § 42. The Board may allow a petitioner five days to correct any defects in the petition.

 

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