Ariosa Diagnostics v. Isis Innovation Ltd.

February 13, 2013

IPR2012-00022 (Patent 6,258,540)

[If petition is incomplete, it will be afforded the filing date of the supplemental submission curing the deficiencies.]

FACTS

Petitioner Ariosa Diagnostics filed a petition for an IPR of the Isis Innovation Ltd patent but the petition had several deficiencies.

HOLDING

The Board issued Notice of Incomplete Petition. Pursuant to 37 C.F.R. § 42.106(b), the Board afforded Petitioner one month from the date of the Notice to correct the deficiencies, noting that upon correction, the petition would be accorded the filing date of the supplemental submission. The following deficiencies were identified:

• Exhibits did not match the exhibits list;
• Petitioner’s address and phone numbers were not included;
• Lead and back-up counsels were not identified.

TAKEAWAY

If the Board finds that a petition is incomplete, petitioner will be afforded one month from the date of the notice to submit any supplemental materials addressing the deficiencies. Petition will be accorded the filing date of the supplemental submission.

To view full Notice click here.