In its Decision, the Board denied Petitioner’s request for an extension of time to file supplemental evidence and request to file a motion to submit supplemental information, and granted Patent Owner’s request to file a motion to stay related reexamination. Continue reading
Category Archives: Supplemental Evidence
Denying Motion to Submit Declaration as Supplemental Information Where Declaration Constituted Supplemental Evidence IPR2015-01078
In its Decision, the Board denied Patent Owner’s Motion to Submit Supplemental Information and ordered that the supplemental declaration be expunged from the record. Patent Owner sought to submit as supplemental evidence a supplemental declaration from Richard Mander, Ph.D., which the Board had previously authorized Patent Owner to file. Continue reading
Petitioner Correctly Designated As Supplemental Information Exhibits Offered To Support Contention That References Are Prior Art IPR2015-01379
In its Decision, the Board granted Petitioner’s Motion to Submit Supplemental Information. Petitioner filed a Motion to Submit Supplemental Information regarding three exhibits. Patent Owner asserted that Petitioner, as the moving party seeking to submit supplemental information, bears the burden of proof to establish that proposed Exhibits 1016-1018 are supplemental information, rather than supplemental evidence. Continue reading
Request to File Supplemental Declarations Denied IPR2015-00636; IPR2015-00637
In its Order, the Board denied Patent Owner’s request for authorization to file a motion to submit supplemental declarations. Patent Owner requested authorization to file a motion to submit two supplemental declarations, a Kretschman declaration and a Ludwick declaration.
Authorization Denied to File Motion to Submit Supplemental Information IPR2015-01176; -01211
Takeaway: Supplemental evidence refers to evidence that is submitted in response to an evidentiary objection and offered solely to support the admissibility of the originally-filed evidence. Supplemental information is evidence submitted outside of the authorized papers that a party intends to rely on to support its argument on the merits. Continue reading
Order Expunging Supplemental Evidence Exhibits IPR2015-00635
Authorized To Cross-Examine After Declaration Was Filed Regardless Of Service Date IPR2015-00014
In its Order, the Board mooted Patent Owner’s Request for Authorization to depose Petitioner’s declarant and ordered Petitioner to expunge the declarant’s testimony from the proceedings. Continue reading
Granting Motion to Submit Supplemental Information on Public Availability of Asserted Reference IPR2015-00810-12, 866, 868, 870-71
Final Written Decision Confirming All Challenged Claims IPR2014-00788
In its Final Written Decision, the Board determined that Petitioner had not shown by a preponderance of the evidence that the challenged claims (10-20) of the ’155 Patent are unpatentable. The ’155 Patent relates to “a system and method of providing publishing and printing services via a communication network.” Continue reading
Order to Expunge – Conduct of the Proceeding IPR2015-00372, -374, -378
In its Decision, the Board authorized Petitioner to file previously served evidentiary objections and ordered expungement of supplemental evidence filed by Patent Owner.