Luv N’ Care, Ltd. v. McGinley, Case IPR2017-01216 (Sept. 18, 2017) (Paper 13)

Takeaway (1) (Informative): In order to avoid the one-year time bar, a petition must be complete before the bar date. To be complete, a petition must satisfy each of the following requirements: (1) the content of the petition complies with 37 C.F.R. § 42.104, (2) the fee to institute has been paid, see 37 C.F.R. §§ 42.15(a), 42.103(b), and (3) the petition and relevant documents have been served on the patent owner. 37 C.F.R. § 42.105(a).

Takeaway (2): Absent a showing of good cause, the Board will not allow a petitioner to obtain the benefit of the date on which the petitioner filed an incomplete petition.

Takeaway (3): Petitioners should make sure that they have sufficient funds in their Patent and Trademark Office deposit accounts at the time of filing a petition, and, if there are insufficient funds in the account at the time of filing, make a separate attempt to reinitiate payment immediately upon the addition of sufficient funds.