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Under 37 C.F.R. § 42.205(b), service of a petition “may be by Priority Mail Express® or by means at least as fast and reliable as Priority Mail Express®. Personal service is not required.” 37 C.F.R. § 42.205(b). Additionally, under § 42.5(b), the PTAB may waive or suspend a requirement under 37 C.F.R. § 42.
The Patent Owner argued that the petition should not be accorded a filing date of September 15, 2020 because the Patent Owner did not receive the petition via FedEx until September 16, 2020, and therefore, the petition was not served on the correspondence address of record for the Patent Owner on September 15 per the PTAB’s requirements. 37 C.F.R. § 42.205(a). Additionally, the Patent Owner argued that email service on September 15, 2020 was not sufficient because the parties did not previously agree to electronic service, and therefore, email service here did not comply with the PTAB’s requirem