In its Order, the Board granted Petitioner’s request for authorization to file a Motion to Submit Supplemental Information. Petitioner sought to submit paragraph 179 from a report of Patent Owner’s expert that was filed in a related district court litigation.  Petitioner argued that the paragraph would impeach the expert’s testimony in this proceeding.  Patent Owner argued that Petitioner was taking paragraph 179 out of context, and that if the paragraph was submitted, then paragraphs 177 and 178 should be submitted as well.

Upon consideration of the arguments, the Board authorized the filing of the Motion. The Board reminded Petitioner that it must show that it is entitled to the relief requested, and particularly, “that the supplemental information reasonably could not have been obtained earlier, and that consideration of the information would be in the interests of justice.”  The Board ordered that the supplemental information must be limited to paragraphs 177-179, that the motion must be limited to three pages, and that no opposition was authorized at this time.

Cyanotech Corporation v. The Board of Trustees of the University of Illinois, IPR2013-00401; IPR2013-00404
Paper 59: Order on Conduct of the Proceeding
Dated: July 21, 2014
Patent: 5,527,533
Before: Scott E. Kamholz, Sheridan K. Snedden, and Georgianna W. Braden Written by: Kamholz