Late Payment Dooms Drainage System Co.’s PTAB Challenge

Law360, New York (July 17, 2017, 5:04 PM EDT) -- The Patent Trial and Appeal Board said Monday that Cultec Inc. was too late in challenging a patent for plastic stormwater chambers that it is accused of infringing, rejecting the company’s argument that “technical difficulties” prevented it from paying the required fees on time.

The board denied a request it institute inter partes review of the StormTech LLC patent. Cultec filed its petition Jan. 5 — exactly one year after it was served with an infringement complaint — but the $25,600 filing fee wasn’t paid until...
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