2014-1578 03-13-2015 VICOR CORPORATION, Appellant v. SYNQOR, INC., Appellee MATTHEW A. SMITH, Turner Boyd LLP, Redwood City, CA, argued for appellant. CONSTANTINE L. TRELA, JR., Sidley Austin LLP, Chicago, IL, argued for appellee. Also represented by JILL BROWNING, ARNOLD TURK, GARY V. HARKCOM, BRUCE HAROLD STONER, JR., Greenblum & Bernstein, P.L.C., Reston, VA. CLEVENGER, Circuit Judge. NOTE: This disposition is nonprecedential. Appeal from the United States Patent and Trademark Office, Patent Trial
(a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)
(a) Parties to the appeal may file a request for rehearing of the decision within one month of the date of: (1) The original decision of the Board under § 41.77(a) , (2) The original § 41.77(b) decision under the provisions of § 41.77(b)(2) , (3) The expiration of the time for the owner to take action under § 41.77(b)(2) , or (4) The new decision of the Board under § 41.77(f) . (b) (1) The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked
The parties to an appeal to the Board may not appeal to the U.S. Court of Appeals for the Federal Circuit under § 1.983 of this title until all parties' rights to request rehearing have been exhausted, at which time the decision of the Board is final and appealable by any party to the appeal to the Board. 37 C.F.R. §41.81
(a) The patent owner will be given at least thirty days to file a response to any Office action on the merits of the inter partes reexamination. (b) Any supplemental response to the Office action will be entered only where the supplemental response is accompanied by a showing of sufficient cause why the supplemental response should be entered. The showing of sufficient cause must include: (1) An explanation of how the requirements of § 1.111(a)(2)(i) are satisfied; (2) An explanation of why the supplemental
The provisions herein govern judicial review for Patent Trial and Appeal Board decisions under chapter 13 of title 35, United States Code. Judicial review of decisions arising out of inter partes reexamination proceedings that are requested under 35 U.S.C. 311 , and where available, judicial review of decisions arising out of interferences declared pursuant to 35 U.S.C. 135 continue to be governed by the pertinent regulations in effect on July 1, 2012. 37 C.F.R. §90.1
The time for taking any action by a patent owner in an inter partes reexamination proceeding will be extended only for sufficient cause and for a reasonable time specified. Any request for such extension must be filed on or before the day on which action by the patent owner is due, but in no case will the mere filing of a request effect any extension. Any request for such extension must be accompanied by the petition fee set forth in § 1.17(g) . See § 1.304(a) for extensions of time for filing a