Filing Date Motion Granted Due To COVID-19, PTAB Litigation Blog

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NeuMoDx Molecular, Inc., (Petitioner) who was otherwise barred from pursuing two IPR proceedings regarding patents owned by HandyLab, Inc. (Patent Owner) under 35 U.S.C. § 315(b)’s one year deadline, filed a Motion to Change the Filing Date Accorded. The motion sought to have the PTAB change the filing date accorded to the petitions from the date that Petitioner effected service, to the date that Petitioner filed the petitions and paid the statutory fees. The change would allow Petitioner to avoid the one year deadline of § 315(b).

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