Granting Leave to File Motion to Submit Supplemental Information IPR2013-00062

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Takeaway: The Board will grant motions to submit supplemental information under 37 C.F.R. § 42.123(b), if accompanied by an affidavit or declaration sufficiently explaining why the information could not reasonably have been obtained earlier.

In the Order, the Board granted Patent Owner’s request to file a motion to submit supplemental information under 37 C.F.R. § 42.123(b). Patent Owner is seeking to antedate prior art and asserts that a deposition transcript and related exhibits provide corroboration of the purported conception of the invention. The Board authorized the filing of a motion to submit the information, instructing that the motion must address the requirements for late submission of supplemental information and be accompanied by an affidavit or declaration of counsel explaining why the information could not reasonably have been obtained earlier.
ABB, Inc. v. ROY-G-BIV Corp., IPR 2013-00062, IPR2013-00063, IPR2013-00074
Paper 79: Order on Conduct of the Proceeding
Dated: March 24, 2014
Before: Thomas L. Giannetti, Jennifer S. Bisk, and Jeremy M. Plenzler
Written by: Giannetti