Petition Survives Word Count Complaint And Request for Withdrawal

Petition Survives Word Count Complaint And Request for Withdrawal, PTAB Litigation Blog

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The PTAB recently denied a motion to dismiss a Revised Petition and terminate an inter partes review (IPR) proceeding despite Petitioner’s alleged withdrawal of the Original Petition and failure to comply with the word limit in the Revised PetitionTesla, Inc. v. Unicorn Energy GmbH, IPR2022-00110, Paper 19, 13 (February 17, 2022).

Tesla filed an IPR petition on October 27, 2021 against Unicorn Energy challenging claims of U.S. Patent No. 10,008,869. Tesla, Inc. v. Unicorn Energy GmbH, IPR2022-00110, Paper 19, 2 (February 17, 2022). The accompanying Certificate of Compliance with Word Count stated that the Petition included 14,732 words. Id. On November 9, 2021, Petitioner wrote the PTAB asking for authorization to file an unopposed motion to withdraw the Petition, stating that Tesla did not intend to refile.  The PTAB responded stating, “Counsel: This case has not yet been paneled.  Please check back with us in a couple of weeks.  Thank you.”  Id., 4.  Petitioner did not follow up on that email with any further requests.

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