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Prior Art Supplemental Information

Akin Gump Strauss Hauer & Feld LLP

PTAB Permits Submission of Evidence Midstream to Bolster Public Accessibility of References Despite Objections

The Patent Trial and Appeal Board has granted a petitioner’s motion to submit supplemental information, over patent owner’s objections, concerning the public availability of references that were relied upon to support grounds...more

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PTAB Denies Request to Submit Supplemental Information on Skill Level of POSITA

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In a recent decision, the PTAB denied a petitioner’s request for authorization to file a motion to submit supplemental information directed to the level of ordinary skill in the art. Ooma, Inc. v. Deep Green Wireless LLC,...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Allows Petitioner to Supplement Record Regarding Publication Date of Prior Art Reference

On October 23, 2017, a Patent Trial and Appeal Board (PTAB) panel granted Petitioner’s Motion to Submit Supplemental Information (“the Motion”) on the publication date of an asserted reference. At the time the Petition was...more

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PTAB Denies Timely, Relevant Supplement to Petition

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By rule, a petitioner may request permission from the Board to submit supplemental information in an IPR proceeding if: (1) the request is filed within one month of the Board’s institution decision, and (2) the supplemental...more

Akin Gump Strauss Hauer & Feld LLP

In Fight Over Recombinant Blood Clotting Factor, PTAB Denies Motion to Submit Supplemental Information

In a case that highlights the importance for petitioners to conduct a thorough prior art search and to anticipate patent owner’s arguments, the PTAB denied a motion to submit supplemental information under 37 C.F.R. §...more

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