USPTO Director Vidal recently made a decision to vacate an adverse judgement against a Patent Owner in a PTAB litigation case due to the Patent Owner’s failure to comply with mandatory notices and filing requirements within the specified timeframe. This decision was seen as a significant development in the case of Shenzhen Xinzexing E-commerce Co. Ltd. v. Shenzhen Carku Technology Co. Ltd., IPR2024-00222.
The case began when Shenzhen Xinzexing E-commerce Co., Ltd. filed a Petition for inter partes review of U.S. Patent No. 9,643,506, which covers a portable backup charger. The Petition was served on Shenzhen Carku Technology Co., Ltd., the Patent Owner, and included all required documents. The PTAB issued a Notice to the Patent Owner, informing them of the deadline to file a preliminary response to the Petition and the requirement to submit mandatory notice information within a specific timeframe.
However, despite receiving the Notice, the Patent Owner failed to meet these requirements. As a result, an adverse judgement was issued against them. USPTO Director Vidal reviewed the case and determined that the adverse judgement was premature, leading to the decision to vacate it.
This decision highlights the importance of compliance with mandatory notices and filing requirements in PTAB litigation cases. Failure to adhere to these requirements can have significant consequences for the parties involved, as seen in this case. It serves as a reminder to all participants in PTAB proceedings to carefully follow the rules and deadlines set forth by the USPTO to avoid adverse outcomes.
Moving forward, it is crucial for parties involved in PTAB litigation to pay close attention to all notices and deadlines issued by the PTAB. By ensuring timely compliance with all requirements, parties can avoid unnecessary complications and potential adverse judgements in their cases. This case serves as a valuable lesson in the importance of thorough and timely compliance with PTAB rules and procedures.
In conclusion, the decision by USPTO Director Vidal to vacate the adverse judgement in the Shenzhen Xinzexing E-commerce Co. Ltd. v. Shenzhen Carku Technology Co. Ltd. case underscores the significance of adhering to mandatory notices and filing requirements in PTAB litigation. By following the rules and deadlines set by the USPTO, parties can navigate the PTAB process more effectively and avoid unfavorable outcomes in their cases.
