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After the PTAB instituted review, the patent owner submitted a sworn affidavit from the named author of the 1984 article to clarify what the article was meant to report.
Rule 42.23(b) is clear, “A sur-reply may only respond to arguments raised in the corresponding reply and may not be accompanied by new evidence other than deposition transcripts of the...
[co-author: Ashvi Patel*] In Fantasia Trading LLC v. Cognipower LLC, IPR2021-00070, Paper 21 (May 20, 2021), the Patent Trial and Appeal Board (PTAB) declined to institute The PTAB has the authority to determine whether to institute an IPR, including whether to consider more than one petition directed to a challenged patent. The Trial Practice Guide sets the standard for petitioners that file more than one petition challenging the same patent. Petitioner must file (1) a ranking of the petitions in the order in which Petitioner wishes the Board to consider the merits and (2) a succinct exp...
Discovery procedures in inter partes review (“IPR”) proceedings, governed by 37 CFR § 42.51, are more limited in scope and timing compared to cases in district court. There are three...
If you anticipate needing additional discovery during an IPR proceeding, it is crucial to move as soon as possible, as timing is one of the factors the Board considers when determining whether to authorize the filing of a motion for additional discovery.