What to Do When A Reply Exceeds its Proper Scope

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In addition to handing a patent owner the first outright win in an inter partes review, in ABB Inc. v. Roy-G-Biv Corp., IPR2013-00062 and IPR-00282, Paper 84 (April 11, 2014), and ABB Inc. v. Roy-G-Biv Corp., IPR2013-00074 and IPR-00286, Paper 80 (April 11, 2014), the Board outlined the proper way handle a reply or rebuttal evidence that exceeds its proper scope (hint: it’s not a motion to exclude).  The Board said that If an issue arises regarding whether a reply argument or evidence in support of a reply exceeds the scope of a proper reply, the parties should contact the Board to discuss the issue.

Topics:  Patent Litigation, Patent Ownership, 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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