Excusing Late Filing IPR2014-00561,750


Takeaway: The Board may excuse a party’s late filing of a paper in the interests of justice, despite not showing good cause for the late filing, where the party would suffer prejudice if the late filing were not excused.

In its Order, the Board excused Petitioner’s late filing of its Reply, which was filed “a few minutes after midnight” the day after the stipulated deadline. The Board held a conference call with the parties and authorized Petitioner, PMI, to file a “motion to deem the filing of the Reply as untimely.” The Board indicated that it appeared the late filing was for “reasons other than technical difficulty,” and desired that “PMI provide testimony in the form of a declaration to explain ‘the entire story’ regarding its late filing.” Continue reading

Order Addressing Motions to Seal and Expunge IPR2013-00358


Takeaway: Parties with in-house counsel registered in the PRPS system may file confidential documents in PRPS as “Board Only.” Parties may consider providing the Board with redacted versions of confidential documents in case the confidential information is relied upon in a final written decision, but such requests may be premature if the Board has not yet determined what it would rely upon.

In its Order, the Board conditionally granted the parties’ motions to seal for the duration of the proceeding, granted Patent Owner’s motion to expunge, and denied Patent Owner’s request for authorization to file a motion to submit supplemental information. Continue reading