Petiioner Can Submit Supplemental Information Challenging Additional Claims


In Callidus Software Inc. v. Versata Software, Inc., CBM2013-00052, Paper 26, CBM2013-00053, Paper 21, CBM2013-00054, Paper 24 (March 28, 2014), Petitioner sought to file supplemental information to challenge dependent claims not challenged in the Petitions. The Board determined that considering the supplemental information would not be in the interests-of-justice, because it would create a trial within a trial, requiring briefing by the Petitioner, an opposition by the Patent Owner, and a reply by Petitioner. Moreover, there would need to be time to allow for cross-examination of any witness providing testimony as to the issues raised. All of this would impact the current schedule, and would not lead to a just, speedy, and inexpensive proceeding pursuant to 37 C.F.R. § 42.1(b).  The Board noted that Petitioner could still file new petitions raising the new issues.

Topics:  Amended Complaints, Claims Procedures

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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