Board Declines to Make Evidentiary Rulings Before the Final Written Opinon


In Sony Corporation v. Yissium Research Development Company of the Hebrew University of Jerusalem, IPR2013-00218, Paper 35 (April 7, 2014) and IPR2013-00219, Paper 41 (April 7, 2014), the patent owner sought an early ruling whether the petitioner;s response and expert declaration should be excluded for improperly raising new issues.  The Board did not want to engage on the matter, however, noting that a ruling on the evidentiary objection at this stage is premature.  Whether a reply contains arguments or evidence that is outside the scope of a proper reply under 37 C.F.R. § 42.23(b), is left to theultimate determination of the Board,, which it will address in final written decision.

Topics:  Evidentiary Rulings, Patent Trial and Appeal Board, Patents

Published In: Civil Procedure Updates, Intellectual Property Updates

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