Quote:
Originally Posted by Hank Chinaski
Okay, we sue D, and serve the registered agent on May 1 2014, then the process server serves the company on May 3 2014 (the dates are fiction, please don't tell me some date is a weekend). The May 3 proof got filed with Court.
There is a patent office action a D can bring to challenge a patent in suit, however, it must be brought within 1 year of service. Of course D filed a request for it May 3 2015.
I find nothing about the effect of redundant service (i.e. nothing saying the second service negates the earlier).
The 1 year deadline is statutory and agencies typically have no authority to ignore it. The first service was proper, right, I mean unless there is some "second service negates first." The cases seem to say unless D can prove it wasn't served the proof screw up is not prejudicial-
Thoughts?
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One other possible argument for D is that by filing the May 3 proof, you are somehow estopped from claiming the earlier service date, but in the absence of any definitive case law to that effect, what is the downside of making the argument that D's request is untimely?
