In its Decision, the Board denied Petitioner’s Motion to Submit Supplemental Information and Petitioner’s Motion to Compel Testimony. 37 C.F.R. § 42.64(b)(2) states, in part, that a party relying on evidence to which an objection is timely served may respond to the objection by serving supplemental evidence within ten business days of service of the objection. In the event that the objecting party is not satisfied that the supplemental evidence overcomes the objection, the objecting party may preserve its objection by filing a motion to exclude the objected to evidence. Continue reading
Category Archives: Supplemental Evidence
Must Request Authorization to File Motion to Submit Supplemental Information Within One Month of Institution IPR2015-00324
In its Decision, the Board denied Petitioner’s request for authorization to file a motion to submit supplemental information.
Denying Authorization to Seek a Subpoena to Compel Testimony IPR2014-01372; IPR2014-01374
In its Order, the Board denied Patent Owner’s request for authorization to seek a subpoena and its request for an extension of the deadline to submit supplemental evidence. Patent Owner requested a conference call to request authorization to seek a subpoena from a district court and for an extension of the deadline to submit supplemental evidence. Continue reading
Decision Denying Motion to Submit Supplemental Exhibits to Petition IPR-2014-01510, -01511, -01513
In its Decision, the Board denied Petitioner’s motion to submit supplemental information, stating that “[t]he filing of a petition for inter partes review should not be turned into a two-stage process, first to elicit a claim interpretation by the Board, and second to complete the petition on the basis of that claim interpretation.”
Granting Motion to File Supplemental Evidence and Request to Cross-Examine IPR2014-01385
In its Decision, the Board granted Petitioner’s request to file supplemental evidence as supplemental information and granted Patent Owner’s request to cross-examine a third-party declarant. Continue reading
Final Written Decision IPR2014-00148
In its Final Written Decision, the Board found that Petitioner had not shown by a preponderance of the evidence that the challenged claims, claims 1-8, 10-12, 14-20, and 22-24, of the ’178 Patent are unpatentable. The ’178 Patent relates to a massager with an inductively chargeable power source. Continue reading
Granting Extension of Time to Submit Supplemental Evidence CBM2014-00091-93
In its Order, the Board granted Petitioner’s request for an extension of the deadline for serving supplemental evidence.
According to Petitioner, it was unable to serve a certified copy of “the application file of the Teramura reference” to Patent Owner until after the deadline for supplemental evidence “due to difficulties with the Canadian Patent Office, including the unavailability of a three-day turnaround for certified copies and closings of government offices in Ottawa around October 22nd, 2014.” Continue reading
Granting Motion to Submit Supplemental Information IPR2014-01204
In its Decision, the Board granted Petitioner’s Motion to Submit Supplemental Information as evidence to confirm the public accessibility of a prior art reference. Petitioner sought to submit several exhibits, including declarations related to the public accessibility of the Broggi reference as well as an article citing to the Broggi reference. Continue reading
Granting Petitioner’s Motion for Authorization to Compel Third Party Testimony IPR2014-01385
IBM v. Intellectual Ventures I LLC
In its Order, the Board granted Petitioner authorization to apply for a subpoena from the Clerk of the United States District Court for the district where the testimony of Oracle Corporation, which is not a party of this proceeding, is to be taken limited to the document request and deposition request submitted in this proceeding as Exhibit 1015. The Board also granted Patent Owner permission to attend the deposition and cross-examine the witness, but only regarding the subject matter of the direct testimony of the witness. Continue reading
Authorizing Motion to Submit Supplemental Evidence IPR2015-00065
In its Order, the Board authorized Petitioner to serve supplemental evidence under 37 C.F.R. § 42.64(b)(2) and dismissed its request to file supplemental evidence under 37 C.F.R. § 123(a). Continue reading