37 CFR 41.8 - Mandatory notices

Cite as37 CFR 41.8
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58 practice notes
  • University of Western Australia v. Academisch Ziekenhuis Leiden, Patent Interference 106
    • United States
    • United States Patent and Trademark Office. United States Patent and Trademark Office, Patent Trial and Appeal Board
    • April 29, 2016
    ...that a party seeking judicial review timely promptly serve notice on the Director of the United States Patent and Trademark Office (37 C.F.R. § 41.8(b)) and file a copy of the notice in the record of this interference.; and FURTHER ORDERED that attention is directed to Biogen Idec MA, Inc.,......
  • Mojave Desert Holdings, LLC v. Crocs, Inc., 2020-1167
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • February 11, 2021
    ...did not file its submission "within 20 days of any change [of the real party-in-interest] during the proceeding," as required by 37 C.F.R. § 41.8(a), making it untimely. J.A. 180.The first and second grounds appear to be the same. Based on these grounds, the Board considered Mojave's petiti......
  • Mojave Desert Holdings, LLC v. Crocs, Inc., 2020-1167
    • United States
    • U.S. Court of Appeals — Federal Circuit
    • April 21, 2021
    ...did not file its submission "within 20 days of any change [of the real party-in-interest] during the proceeding," as required by 37 C.F.R. § 41.8(a), making it untimely. J.A. 180.The first and second grounds appear to be the same. Based on these grounds, the Board considered Mojave's petiti......
  • EcoServices LLC v. Lufthansa Technik Ag, Patent Interference 106
    • United States
    • United States Patent and Trademark Office. United States Patent and Trademark Office, Patent Trial and Appeal Board
    • December 20, 2018
    ...review timely serve notice on the Director of the United States Patent and Trademark Office; 37 C.F.R. §§ 90.1 and 104.2. See also 37 C.F.R. § 41.8(b). Attention is directed to Biogen Idec MA, Inc., v. Japanese Foundation for Cancer Research, 785 F.3d 648, 654-57 (Fed. Cir. 2015) (determini......
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53 cases
  • University of Western Australia v. Academisch Ziekenhuis Leiden, Patent Interference 106
    • United States
    • United States Patent and Trademark Office. United States Patent and Trademark Office, Patent Trial and Appeal Board
    • April 29, 2016
    ...that a party seeking judicial review timely promptly serve notice on the Director of the United States Patent and Trademark Office (37 C.F.R. § 41.8(b)) and file a copy of the notice in the record of this interference.; and FURTHER ORDERED that attention is directed to Biogen Idec MA, Inc.,......
  • Mojave Desert Holdings, LLC v. Crocs, Inc., 2020-1167
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • February 11, 2021
    ...not file its submission "within 20 days of any change [of the real party-in-interest] during the proceeding," as required by 37 C.F.R. § 41.8(a), making it untimely. J.A. 180.The first and second grounds appear to be the same. Based on these grounds, the Board considered Mojave's ......
  • Mojave Desert Holdings, LLC v. Crocs, Inc., 2020-1167
    • United States
    • U.S. Court of Appeals — Federal Circuit
    • April 21, 2021
    ...not file its submission "within 20 days of any change [of the real party-in-interest] during the proceeding," as required by 37 C.F.R. § 41.8(a), making it untimely. J.A. 180.The first and second grounds appear to be the same. Based on these grounds, the Board considered Mojave's ......
  • EcoServices LLC v. Lufthansa Technik Ag, Patent Interference 106
    • United States
    • United States Patent and Trademark Office. United States Patent and Trademark Office, Patent Trial and Appeal Board
    • December 20, 2018
    ...review timely serve notice on the Director of the United States Patent and Trademark Office; 37 C.F.R. §§ 90.1 and 104.2. See also 37 C.F.R. § 41.8(b). Attention is directed to Biogen Idec MA, Inc., v. Japanese Foundation for Cancer Research, 785 F.3d 648, 654-57 (Fed. Cir. 2015) (determini......
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5 firm's commentaries
  • Latest Federal Court Cases - February 2021 #2
    • United States
    • JD Supra United States
    • February 17, 2021
    ...face included the rights in the Board proceeding.” Second, the Court rejected Crocs’ argument that Mojave’s motion was untimely under 37 C.F.R. § 41.8(a) because Mojave waited nearly a year after the assignment before filing the motion to substitute. The Court rejected this argument as well......
  • Federal Circuit Review - February 2021
    • United States
    • JD Supra United States
    • March 26, 2021
    ...Mojave lacked standing in the reexamination, and the petition was not timely filed within the 20-day period found in 37 C.F.R. § 41.8(a). The PTAB reversed the examiner’s rejection of Crocs’s patent, and U.S.A. Dawgs The Federal Circuit reversed the PTAB decision on substitution, holding th......
  • If You Buy the Whole Company, You Can Fight Its Legal Battles
    • United States
    • JD Supra United States
    • February 18, 2021
    ...Mojave lacked standing in the reexamination, and the petition was not timely filed within the 20-day period found in 37 C.F.R. § 41.8(a). The PTAB reversed the examiner’s rejection of Crocs’s patent, and U.S.A. Dawgs The Federal Circuit reversed the PTAB decision on substitution, holding th......
  • Old Dawg, New Tricks: Bankruptcy Successor Is Also Inter Partes Re-Exam Successor
    • United States
    • JD Supra United States
    • February 18, 2021
    ...the real party-in-interest. Mojave did not file its submission within 20 days of any change of the real party-in-interest as required by 37 CFR § 41.8(a). Subsequently, the Board reversed the examiner’s rejection of Crocs’ patent claim, which decision Dawgs appealed to the Federal Circuit, ......
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