Interest of Justice Require Consideration of One-Day-Late Documents

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In Callidus Software Inc. v. Versata Development Group, Inc., CBM2013-00052, Paper 39,  CBM2013-00053, Paper 35, CBM2013-00054, Paper 37, (August 29, 2014), the Board denied patent owner’s motion to expunge the petitioner late-filed papers.  The Board said that weighing the prejudice to patent owner of the one day late filing versus the prejudice to Petitioner if it did not consider, on the merits, the papers, it was in the interests of justice to consider the late–filed documents.

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