Issues of Exceeding the Proper Scope Continue to Plague the Board

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In Ariosa Diagnostics, Inc. v. The Board of Trustees of the Leland Stanford Junior University,  IPR2013-00308, Paper 27 (June 6, 2014) another patent owner was complaining that the Petitioner  had exceeded the proper scope in its reply.  The Board “noted that we understood Patent Owner’s frustration and concern” but reiterated that it will sort out the proper from the improper when making the final written decision.”  In response to the argument that the Board cannot “unread” the improper material, the Board reminde the patent owner that the Board is comprised of “persons of competent legal knowledge and scientific ability,” fully capable of disregarding the portions of the record it is excluding.

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