Mondaq Business Briefing

PTAB Denies Motion to Amend A Motion to Amend; Reason: Delay

Tandus Flooring, Inc. v. Interface, Inc.

In response to patent owner's request to file a motion to amend a motion to amend made approximately one month before oral hearing, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (Board) denied patent owner's motion, finding that an additional motion to amend would delay the proceeding, in which all evidence has been presented and oral hearing is about to occur. Tandus Flooring, Inc. v. Interface, Inc., Case No. IPR2013-00333 (PTAB, Aug. 8, 2014) (McNamara, APJ).

The patent owner, Interface, requested a conference to discuss obtaining authorization to supplement its previously filed motion to amend claims to expressly claim priority to an earlier filed patent application and to identify support for the subject matter of the substitute claims in that application. …

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