Order Granting Request to File Demonstrative Exhibits IPR2013-00132


Takeaway: Demonstrative exhibits are merely visual aids and not evidence. They need not appear in a party’s briefing to be allowable.

In its Order, the Board authorized Patent Owner to use certain demonstrative exhibits that were objected to by Petitioner. Petitioner had argued that the exhibits were improper because they did not appear in Patent Owner’s Response.  Patent Owner agreed that the exhibits did not appear in its briefing, but argued that the exhibits demonstrated arguments made in the Patent Owner Response.

The Board authorized Patent Owner to use the demonstrative exhibits, holding that they are “merely visual aids to a party’s oral presentation, and are not evidence.” See CBS Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118 at 3-4 (Oct. 23, 2013).

Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., IPR2013-00132
Paper 20: Order on Conduct of the Proceeding

Dated: May 7, 2014

Patent 7,806,360 B2

Before: Josiah C. Cocks, Justin T. Arbes, and Brian J. McNamara
Written by: Arbes