Micron Technology, Inc. v. e.Digital Corporation: Denying Motion to Dismiss Petition IPR2015-00519

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, the Board exercised its discretion to waive the requirement of Rule 42.105(a) and denied Patent Owner’s motion. The Board concluded its analysis with an admonishment that Petitioner “must comply with the Board’s procedural rules for the remainder of this proceeding.”