C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 42—TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD › Subpart A—Trial Practice and Procedure

37 C.F.R. § 42.20

Generally

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(a) Relief. Relief, other than a petition requesting the institution of a trial, must be requested in the form of a motion.

(b) Prior authorization. A motion will not be entered without Board authorization. Authorization may be provided in an order of general applicability or during the proceeding.

(c) Burden of proof. The moving party has the burden of proof to establish that it is entitled to the requested relief.

(d) Briefing. The Board may order briefing on any issue involved in the trial.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 2015–2022 · leading case: Aqua Products, Inc. v. Matal
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Aqua Products, Inc. v. Matal (2017) cafc · cites it 46× “The Director promulgated 37 C.F.R. § 42.20 to govern all motion practice before the Board.”
Nike, Inc. v. Adidas Ag (2016) cafc · cites it 4× “Consistent with § 316(a)(9), the PTO promulgated a regulation relating to motions practice, 37 C.F.R. § 42.20 , which explains that “Relief, other than a petition requesting the institution of a trial, must be requested in the form of a motion” and that “[t]he moving party has…”
Redline Detection, LLC v. Star Envirotech, Inc. (2015) cafc · cites it 2× “18 (citing 37 C.F.R. § 42.20 ). “This is so, no matter the requested relief.”
Microsoft Corporation v. Proxyconn, Inc. (2015) cafc “First is 37 C.F.R. § 42.20 , which applies generally to motions practice.”
Ultratec, Inc. v. Captioncall, LLC (2017) cafc “See 37 C.F.R. § 42.20 (b) (“A motion will not be entered without Board authorization”); see also 37 C.”
Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc. (2016) cafc “The Board held that the "preponderance of the evidence” standard was appropriate given the requirements for motions under 37 C.F.R. §§ 42.20 (a), (c), 42.1(d). Corning, Paper 70 at 6-7.”
In Re Cuozzo Speed Technologies, LLC (2015) cafc · cites it 2× “Amendment requires permis- sion, 37 C.F.R. § 42.20 (b), and to date motions to amend have been granted in only two cases, see supra note 1.”
Clearone, Inc. v. Shure Acquisition Holdings (2022) cafc “See 37 C.F.R. § 42.20 (b). The Board’s regulations do not obligate it to allow the filing of a sanctions motion, let alone sanction a party.”
In Re: Aqua Products, Inc. (2016) cafc “” Because PTO regulations place the burden for any motion on the movant, see 37 C.F.R. § 42.20 (c), the Board has interpreted § 42.”
Nike, Inc. v. Adidas Ag (2016) cafc · cites it 4× “Consistent with § 316(a)(9), the PTO promulgated a regulation relating to motions practice, 37 C.F.R. § 42.20 , which explains that “[r]elief, other than a petition re- questing the institution of a trial, must be requested in the form of a motion” and that “[t]he moving party…”
Virnetx Inc. v. the Mangrove Partners (2019) cafc · cites it 2× “37 C.F.R. § 42.20 (b). But “a party may move for additional discovery” when parties fail to agree to additional discovery.”
Illumina Cambridge Ltd. v. Intelligent Bio-Systems, Inc. (2016) cafc “§ 316 ; 37 C.F.R. § 42.20 (c)). The Board separately also examined the proposed substitute claims for the '346 patent, which recite methods comprising providing, similarly, a nucleotide with a linker containing a disulfide linkage for attaching a label to the base, and removing…”
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— 37 C.F.R. § 42.20(c) — 1 case
Aqua Products, Inc. v. Matal (2017) cafc “The Director promulgated 37 C.F.R. § 42.20 to govern all motion practice before the Board.”
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