FedEx Delivery Sufficiently Akin to Priority Mail Express for Petition Service, PTAB Litigation Blog

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A PTAB panel found FedEx sufficiently akin to Priority Mail Express to meet the petition service rule, and to the extent necessary further waived the regulatory requirements related to the timing of Petitioner’s (TIZ Inc. d/b/a Provi) service of its petition for a Covered Business Method (CBM) patent review based on specific facts of the case.  In doing so, the panel instituted a CBM review of the challenged claims.  The Petitioner deposited the petition with FedEx on September 15, 2020, and the Patent Owner (Jason Smith) received the petition on September 16, 2020.  The Petitioner also emailed a courtesy copy of the petition to the Patent Owner’s counsel on September 15, 2020.  Importantly, the PTAB’s CBM program ended on September 16, 2020, therefore the Petitioner needed to properly effect service of the petition on or before September 15, 2020.

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