Supplemental Evidence

News & Analysis as of

Board Addresses Procedure for Making Board Aware of Supplemental Evidence

There has been, to date, much confusion surrounding the propriety and timing of filing “supplemental evidence” with the Board. In Sealed Air Corporation v. Pergis Innovative Packing, Inc., IPR2013-00554 through...more

PTAB Clarifies Procedure for Filing Supplemental Evidence in Response to Objections

As a follow up to our post regarding issues that have arisen to date regarding supplemental evidence, it is worth noting two recent PTAB decisions in which the proper procedure for introducing supplemental evidence in...more

Entry of Supplemental Evidence a Tough Hurdle to Navigate in IPR Proceedings

Early expectations of inter partes review proceedings were that the PTAB would be reticent to allow supplemental evidence to be entered by either party – there would be no second bites at the apple for participants in IPR...more

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