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Re: It was the wrong thread
Okay, we sue D, and serve the registered agent on May 1 2014, then the process server serves the company on May 3 2014 (the dates are fiction, please don't tell me some date is a weekend). The May 3 proof got filed with Court.
There is a patent office action a D can bring to challenge a patent in suit, however, it must be brought within 1 year of service. Of course D filed a request for it May 3 2015.
I find nothing about the effect of redundant service (i.e. nothing saying the second service negates the earlier).
The 1 year deadline is statutory and agencies typically have no authority to ignore it. The first service was proper, right, I mean unless there is some "second service negates first." The cases seem to say unless D can prove it wasn't served the proof screw up is not prejudicial-
Thoughts?
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I will not suffer a fool- but I do seem to read a lot of their posts
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