Replacing a Certificate of Translation is a Correction of a Clerical Error, Not a Submission of Supplemental Information

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In Medtroinc. Inc., v NuVasive, Inc., [IPR2014-00075], Paper 10 (February 28, 2014), Medtronic wanted to submit a corrected certificate for the translation of Exhibit 1002, but the NuVasive opposed arguing the that corrected certificate was supplemental information that could only be submitted after trial had been declared.  The Board considered the corrected certificate, which merely added the perjury warning, would amount to the correction of a clerical error under 37 C.F.R. § 42.104(c), not the filing of supplemental information under 37 C.F.R. § 42.123(a).

Topics:  Medtronics, Patent Litigation, Patents, Reversible Error

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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