Authored by Michelle Carniaux
Fitting a petition for inter partes review (“IPR”) into 60 pages as required by the Rules can sometimes be a challenge, particularly given the formatting requirements for such petitions (e.g., double spacing, 14-point font, etc.). See 37 C.F.R. 42.24(a)(i), 42.6(a). While a petitioner can move to waive the page limit, the petitioner must show in the motion how a waiver of the page limit is in the interests of justice. 37 CF.R. 42.24(a)(2). For the motions the PTAB has considered thus far, the PTAB has yet to find that a petitioner has met the “interests of justice” burden. Thus, alternative approaches to dealing with the page limits may need to be considered.