USPTO Director Lee sued for declaring federal holiday, allowing IPR filing after statutory deadline
It was only going to be a matter of time before Director Lee declaring a federal holiday without any statutory authority came back to haunt the USPTO. Here the defendants were served with the complaint on December 24, 2014, which means any IPR had to be filed on or before Thursday, December 24, 2015. The defendants filed their IPR petitions on Monday, December 28, 2015. The patent owner argues in a recently filed federal complaint that the IPR petitions would be considered untimely but for Director Lee declaring December 22-24, 2015, federal holidays due to the catastrophic failure of the USPTO’s electronic filing systems.