Liberty Mutual Insurance Company v. Progressive Casualty/BHGL

September 21, 2012

CBM2012-00002 (Patent 6,064,970)

[The Board issues Notice of Filing Date Accorded to the Petition and Notice for Setting the Time Period for Filing Patent Owner Preliminary Response upon receiving the complete petition]

FACTS

Petitioner Liberty Mutual Insurance Co. filed a petition for CBM review of Patent Owner Progressive Casualty patent but did not confirm to the certification requirement under 37 C.F.R. § 42.304.

HOLDING

The Board exercised its discretion and accepted the certification that Petitioner is not barred or estopped from requesting this CBM over the phone. Upon accepting the certification, the Board issued the Notice of Filing Date Accorded to the Petition and Notice for Setting the Time Period for Filing Patent Owner Preliminary Response. The Board reminded Patent Owner that it may file a preliminary response to the petition setting forth the reasons while the proceedings should not be instituted or waive a response within three months of the date of this notice. Further, Patent Owner must submit mandatory notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of the petition.

TAKEAWAY

Upon receiving the complete petition, the Board issues Notice of Filing Date Accorded to the Petition and Notice for Setting the Time Period for Filing Patent Owner Preliminary Response. The Board may exercise its discretion and accept a certification that petitioner is not barred or estopped from requesting the CBM over the phone.

To view full Notice click here.