Board Finds that Parties’ Agreement on Service of Complaint Controls When Service was Effective

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TRW Automotive U.S. LLC v. Magna Electronics Inc.,  IPR2014-00251, Paper 13, IPR2014-00255, Paper 16, IPR2014-00256, Paper 15,IPR2014-00257 Paper 15, IPR2014-00258; Paper 15, IPR2014-00259 Paper 18, IPR2014-00260; Paper 18, IPR2014-00261 Paper 18, IPR2014-00262; Paper 14, IPR2014-00263 Paper 14, IPR2014-00264; Paper 14, IPR2014-00265, Paper 14, IPR2014-00266, Paper 16 (June 2, 2014).  The parties had entered into an agreement that service would be effected by email and Federal Express on December 17, but the patent owner emailed and federal expressed the Summons and Complaint on December 14.  Because these were not authorized methods of service, the Board determined that they were not effective until December 17, when the agreement of the parties authorized such service.  Thus the Board concluded that the petitions were timely filed within one year of service fo the Complaint.

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About Bryan Wheelock

Education J.D., Washington University in St. Louis B.S.E. in Mechanical Engineering, Duke University Bryan Wheelock's practice includes preparation and prosecution of patent and trademark applications and drafting of intellectual property agreements, including non-compete agreements. He has brought and defended lawsuits in federal and state courts relating to intellectual property and has participated in seizures of counterfeit and infringing goods. Bryan prepares and prosecutes U.S. and foreign patent applications for medical devices, mechanical and electromechanical devices, manufacturing machinery and processes, metal alloys and other materials. He also does a substantial amount of patentability searching, trademark availability searching and patent and trademark infringement studies. In addition to his practice at Harness Dickey, Bryan is an Adjunct Professor at Washington University School of Law and Washington University School of Engineering.