Insights

WireTransferImage1080x675

Down to the Wire: POP Finds Petition Payment Timely, PTAB Litigation Blog

Visit the PTAB Litigation Blog.

On January 14, 2022, the PTAB issued a precedential opinion granting a request for rehearing of a denial of an IPR petition that had previously found a petition to be time-barred because the wire transfer had not been timely paid.  Toshiba America Electronic Components, Inc. v. Momentum Peak Ventures, LLC, Case IPR2021-00330, Paper No. 20 (PTAB Jan. 14, 2022).   In the original decision, the panel had denied institution even though the Petitioner had timely paid the petition fee via the Federal Reserve Fedwire System (“Fedwire”) and received a same-day confirmation of receipt of the funds by Treasury NYC, the USPTO’s bank, because the PTAB found that Fedwire’s “settlement date” did not occur until two days later, and thus the USPTO did not receive payment of the petition fee until after the Petitioner’s statutory bar deadline.  On rehearing, the PTAB’s Precedential Opinion Panel held that “Fedwire confirmation of payment constitutes sufficient evidence to demonstrate that the required fee “accompan[ies] a petition” as required by 35 U.S.C. § 312(a)(1) and that “payment is received” under 37 C.F.R. § 42.103(b).  Thus, the PTAB found that the petition at issue was timely filed.

Read the full article at ptablitigationblog.com.

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.