35 U.S.C. § 323
Preliminary response to petition
If a post-grant review petition is filed under section 321, the patent owner shall have the right to file a preliminary response to the petition, within a time period set by the Director, that sets forth reasons why no post-grant review should be instituted based upon the failure of the petition to meet any requirement of this chapter.
Notes of Decisions
Cited in 2
cases, 2013–2014 · leading case: Versata Dev. Corp. v. Rea, 959 F. Supp. 2d 912 (E.D. Va. 2013).
Versata Dev. Corp. v. Rea, 959 F. Supp. 2d 912 (E.D. Va. 2013). “) Versata filed a response to that petition as accorded by 35 U.S.C. § 323 , in which it argued that its '350 patent was not a “covered business method” and that review of the '350 patent should be unavailable in post-grant proceedings.”
Return Mail, Inc v. United States (Fed. Cl. 2014). “14, 2012), 35 U.S.C. § 323 . AIA § 18(b)(1)-(2) provides: (b) Request for stay.”
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