Board Explains Procedure for Filing Supplemental Evidence or Information.

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A party seeking to file supplemental evidence under 37 C.F.R. § 42.64(b)(2) must receive Board authorization to file such evidence, because the rule contemplates serving such evidence, but not filing such evidence. Likewise, a party seeking to file supplemental information under 37 C.F.R. § 42.123, must receive Board authorization to do so.  See, Facebook, Inc, v. Software Rights Archive, LLC, [IPR2013-00478], Paper 26, (March 3, 2014).

Topics:  Evidence, Filing Requirements

Published In: Civil Procedure Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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