"Petitioner’s effective service of the Petition and supporting documents on the Patent Owner through its litigation counsel, however, is undisputed. Because Petitioner has complied with 35 U.S.C. § 312(a)(5); because counsel participating in this proceeding on behalf of Patent Owner actually received the Petition prior to the expiration of the one-year bar set forth in 35 U.S.C. § 315(b); and because Patent Owner does not allege that its time to respond to the Petition or its access to evidence has been affected meaningfully by Petitioner’s failure to comply, the
remedy Patent Owner seeks (effectively, dismissal of the Petition with no opportunity to re-file) is out of proportion to Petitioner’s rule violation. Accordingly, on that basis, we exercise our discretion under 37 C.F.R. § 42.5(b) to waive the requirement of Rule 42.105(a) and deny Patent Owner’s motion. Moreover, on these facts, we do not see any need to change the December 31, 2014, filing date accorded to the Petition. Paper 6. Petitioner, however, must comply with the Board’s procedural rules for the remainder of this proceeding. Accordingly, it is ORDERED that Patent Owner’s Motion is denied."
With that, the IPR is going to be approved for review
doni
