No. 2011-1077. June 13, 2011. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. (Opposition No. 91173105). Michael Dalton, Cincinnati, Ohio, pro se. Dyan Finguerra-Ducharme, White Case, LLP, of New York, NY, for appellee. Before PROST, MOORE and O'MALLEY, Circuit Judges. PER CURIAM. Michael Dalton ("Dalton") appeals from the final decision of the Trademark Trial and Appeal Board ("the Board") sustaining Honda Motor Co., Ltd.'s opposition and refusing Dalton's
(a) The Director may by rule prescribe that any paper or fee required to be filed in the Patent and Trademark Office will be considered filed in the Office on the date on which it was deposited with the United States Postal Service or would have been deposited with the United States Postal Service but for postal service interruptions or emergencies designated by the Director. (b) When the day, or the last day, for taking any action or paying any fee in the United States Patent and Trademark Office
A person who is not the owner of a patent may file with the Office a petition to institute an inter partes review of the patent unless: (a) Before the date on which the petition for review is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent; (b) The petition requesting the proceeding is filed more than one year after the date on which the petitioner, the petitioner's real party-in-interest, or a privy of the petitioner is served