by Joe Sauer | Apr 13, 2022 | Motions Practice, PTAB News
By Kevin Yang and Joe Sauer – Once the PTAB institutes an IPR, the parties may only add supplemental information to the record by requesting authorization to file a motion to submit the information. See 37 C.F.R. § 42.123 (2022). If authorization is not...
by Carl Kukkonen | Mar 17, 2022 | Motions Practice, PTAB News
By Carl Kukkonen – On February 28, 2022, in American Well Corporation v. Teladoc Health, Inc. IPR2021-00748, the PTAB denied a motion to submit supplemental information. In this matter, the Board instituted a trial of all claims and all requested grounds. In...
by Josh Nightingale | Jan 24, 2022 | Discovery, Motions Practice
By Christian Roberts and Josh Nightingale – The Patent Trial and Appeal Board (“PTAB”) recently denied a Motion for Additional Discovery because the movant could not prove beyond mere speculation that the requested documents would be useful to show witness...
by Matthew Johnson | Nov 10, 2021 | Evidentiary Issues, Motions Practice
By Christian Roberts and Matt Johnson – Introducing evidence in a motion to file a reply to a patent owner’s preliminary response without the PTAB’s authorization may result in denial and expungement. A recent motion met such a fate in Ice Castles, LLC v....
by Matthew Johnson | Nov 9, 2021 | Motions Practice, PTAB Trial Basics
By Hannah Mehrle and Matt Johnson – Patent Owner (Provisur Technologies) requested authorization to file a motion to strike portions of Petitioner’s (Weber, Inc.) Reply and certain evidence submitted therewith, which Petitioner opposed. Patent Owner argued that...
by David Maiorana | Sep 23, 2021 | Evidentiary Issues, Motions Practice
By Lisa Furby and Dave Maiorana – In Apple, Inc. v. Parus Holdings, Inc. (IPR2020-00686), the PTAB denied the Patent Owner’s motion to exclude portions of the Petitioner’s supplemental expert declaration. Here the Patent Owner sought to exclude a number of...
