Supplemental Evidence

News & Analysis as of

Be Safe, Get Your Standing Evidence in Early

A Land Use Practitioner representing opposition intervenors in a quasi-judicial land use matter is best served to present any evidence of special damages during the quasi-judicial hearing in order to preserve standing for...more

“Supplemental Evidence” Versus “Supplemental Information” (CaptionCall, LLC, v. Ultratec, Inc.)

Addressing the requirements to offer supplemental evidence and information, the Patent Trial and Appeal Board (PTAB or Board) denied the patent owner’s requests for authorization to file a motion to submit supplemental...more

Federal Circuit Explores Expert Declaration as IPR Supplemental Evidence

Getting caught up on a Federal Circuit decision from late last year, we take a look at the Federal Circuit’s decision in Redline Detection, LLC v. Star Environtech, Inc. (2015-1047), decided on December 31, 2015. In this...more

Board Explains the Process for Evidentiary Objections—and Illustrates the Severe Penalty for Not Following It

Practitioners who are used to district court litigation may be surprised—and tripped up—by the rules for objecting to evidence in IPRs, which differ significantly from the approach used in litigation. The Board’s Final...more

Redline Detection, LLC v. Star Envirotech, Inc. (Fed. Cir. 2015)

The PTAB at the Federal Circuit -- Supplemental Evidence Edition - On New Year's Eve, the Federal Circuit affirmed the PTAB's denial of a motion to submit supplemental evidence pursuant to 37 C.F.R. § 42.123(a),...more

Aylus v. Apple: Apple Moves to Strike Supplemental Expert Report Served After Expert Deposition and at the End of the Expert...

After Aylus timely served the report of its technical expert, Daniel Schonfeld, and Apple deposed the expert, Aylus served a "First Supplemental Expert Report of Dan Schonfeld" at the end of the expert discovery period. Apple...more

Court Requires Supplemented Contentions Regarding License Defense Prior To Early Summary Judgment Briefing

Plaintiff seeks an order compelling defendant to supplement its contentions regarding its license defense to provide the detail for claiming plaintiff is not licensed. Defendant may not avoid its obligations merely by...more

Board Discusses Difference Between Supplemental Evidence and Information

Still confused by the difference between supplemental evidence versus supplemental information? Let’s try this again….In Norman International, Inc. v. Andrew J. Toti Testamentary Trust, Russell L. Hinckley, Sr. (Co-Trustee)...more

Petitioners Cannot Respond to Substantive Issue Raised in Preliminary Response - VTech, Inc. v. Spherix Inc.

Addressing whether a petitioner in an inter partes review (IPR) can respond to a patent owner’s preliminary response, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB or Board) denied the...more

Appellate Court Addresses Judicial Discretion As to Record on Appeal from Quasi-Judicial Decision

Last week, the North Carolina Court of Appeals addressed some unique issues with respect to the trial court record in an appeal of a quasi-judicial proceeding....more

Serial Objections to Evidence Are Not Required if Supplemental Evidence Is Filed and Served

American Honda Motor Co., Inc. v. American Vehicular Sciences LLC - The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) concluded that a party need not renew an objection to evidence if...more

Get Your Prior Art Ducks in a Row Before Filing Your Inter Partes Review Petition

National Environmental Products Ltd. v. Dri-Steem Corp.; PNC Bank National Ass’n v. Secure Axcess, LLC - In two recent decisions demonstrating that amending a petition for inter partes review (IPR) with supplemental...more

Prior Art-Related Submissions That Go to the Merits Are Supplemental “Evidence,” Not Supplemental “Information”

FLIR Systems, Inc. v. Leak Surveys, Inc. - Addressing whether prior-art-related submissions by a petitioner in an inter partes review (IPR) proceeding are supplemental information under 37 C.F.R. 42.123(a) or...more

Serve But Don’t File Supplemental Evidence

In Stewart Title Guaranty Company v. Segin Software LLC, CBM2014-00051, paper 20 (August 13, 2014), the Board reminded parties that a party may rely on supplmental evidence when there is an objection to an Exhibit...more

Board Grants Rare Motion to Submit Supplemental Information

In general, all the evidence a party seeks to rely upon in an inter partes review must be contained in either the Petition (for Petitioner) or Patent Owner Response (for Patent Owner). 37 C.F.R. § 42.123 (b), however, allows...more

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

18 Results
|
View per page
Page: of 1
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×