Order Expunging Petitioner’s Reply for Not Conforming to Formality Requirements IPR2013-00131

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Takeaway: If submitted papers do not strictly comply with the formality requirements of 37 C.F.R. § 42.6, then the Board may order that they be expunged from the record.

In its Order, the Board addressed several issues, including a contention by Patent Owner that Petitioner’s Reply to Patent Owner’s Response (Paper 29) and Petitioner’s Opposition to Patent Owner’s Motion to Amend (Paper 30) were not in compliance with 37 C.F.R. § 42.6.  The Board agreed with Patent Owner, finding that these papers used 12-point proportional font instead of the 14-point font required by the rule; that these papers included footnotes that used a font much smaller than 14-point font; and that these papers included block quotes that were single-spaced rather than using 1.5 line spacing as required by the rule.  As a result of these deficiencies, the Board ordered that Papers 29 and 30 would be expunged for failure to comply with 37 C.F.R. § 42.6.

Dynamic Drinkware LLC v. National Graphics, Inc., IPR2013-00131
Paper 32: Order on Conduct of Proceeding
Dated: May 2, 2014
Patent 6,635,196
Before: Thomas L. Giannetti
Written by: Giannetti