On Jan. 11, 2018, the PTAB designated two decisions as informative involving 35 USC 315(b). Luv N' Care, Ltd. v. McGinley, IPR2017-01216 (PTAB Sept. 18, 2017) (Paper 13), Amneal Pharm., LLC v. Endo Pharm., Inc., IPR2014-00360 (PTAB June 27, 2014) (Paper 15). In Luv N' Care, the Board denied institution because payment was not received until after the date the petition was filed and the petitioner failed to show good cause for waiving the fee requirement. In Amneal Pharma, the Board determined that the petition was timely filed under 35 USC 315(b) because filing a motion to amend the complaint in district court, with an amended complaint attached, does not constitute service.
Full text of the decisions are available here.
Full text of the decisions are available here.
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