Board Explains Process for Correcting Exhibits to a Petition

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In an Order for the Conduct of Proceedings in GSI Technology, Inc. v. Cypress Semiconductor Corporation, [IPR2014-00202], Paper 8 (February 27, 2014), the Board explained the process for correcting an Exhibit under  37 C.F.R. § 42.104(c).  After obtaniing authorization from the Board, a petitioner should file a motion. Petitioner must support the motion with an affidavit setting forth (1) the nature of the error, (2) the manner inwhich the error is corrected, and (3) good cause for granting said motion.  Petitioner should confer with Patent Owner and indicate in its motion whether the motion is opposed. Lastly, the corrected exhibit should be filed as an attachment to the motion. If the Board grants the motion, the replacement exhibit will be entered as such, and the original exhibit will be expunged.

Topics:  Evidence, Patent Litigation, Patents

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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