Denying Motion for Leave to File Supplemental Information IPR2014-00145

LinkedInTwitterFacebookGoogle+Share

Takeaway: The Board appears to want one to limit the amount of information submitted in the case.

In its Order, the Board denied Petitioner’s request to file supplemental information from an appeal of the related proceeding at the Federal Circuit (Fed. Cir. No. 13-1650). Namely, Össur, without objection by Otto Bock, sought authorization to file:
Otto Bock’s Reply Brief;
The transcript of the hearing before the Federal Circuit; and
The Federal Circuit’s decision.

Össur explained that the documents would supplement two exhibits that were filed along with the Petition (Exhibits 1034 and 1035).

The Board denied the request to file any of the documents “as supplementation to Exhibits 1034 and 1035” because Exhibit 1034 was only relied upon as evidence for an issue not in dispute, and Exhibit 1035 was not relied upon at all. However, noting “the potential relevance of the Federal Circuit’s decision on the issue of claim construction,” the Board authorized the filing of a copy of that decision.

Össur HF v. Otto Bock HealthCare LP, IPR2014-00145
Paper 13: Order Conduct of the Proceeding
Dated: March 7, 2014
Patent 6,726,726
Before Scott E. Kamholz, Scott A. Daniels, and Carl M. DeFranco
Written by: Kamholz
Related Proceedings: Otto Bock HealthCare LP v. Össur Hf et al., No. SACV13-00891-CJC (C.D. Cal.)