Re: IPR decision denied
in response to
by
posted on
Apr 28, 2015 11:46AM
35 U.S.C.§ 312(a)(5) = OWNER or REPRESENTATIVE
..................................._________OWNER
owner____________
..................................._________REPRESENTATIVE
OWNER and REPRESENTATIVE are not interchangeable or relational in any manner. They are representations of two distinct issues in the statute as to patent prosecution matters....and not ownership.
Micron does not have the option of filing with OWNER, regarding 35 U.S.C.§ 312(a)(5), as owner does not manage its own IP.
"Our governing statute regarding service provides that a petition for inter partes review may be considered only if “the petitioner provides copies of any of the documents required under paragraphs (2), (3), and (4) to the patent owner or, if applicable, the designated representative of the patent owner.” 35 U.S.C.§ 312(a)(5)."
PTAB waived its assocated, inhouse, CFR rule on behalf of Micron....while concluding that Micron met its obligatons under 35 U.S.C.§ 312(a)(5)...."the petitioner provides copies of any of the documents required under paragraphs (2), (3), and (4) to the patent owner"
doni