B/E Aerospace, Inc. v. Mag Aerospace Industries,
LLC
Clarifying what is impermissible "new" evidence for a
Patent Owner Preliminary Response in an inter partes review (IPR),
the Patent Trial and Appeal Board (PTAB or Board) ordered that the
patent owner's exhibit, in the form of an expert report on
patentability from a related district court litigation, be ignored
and not considered in the determination of whether to institute the
proceeding. B/E Aerospace, Inc. v. Mag Aerospace Industries,
LLC, Cases IPR2014-00510; -00511; -00513 (PTAB, Jan. 20, 2015)
(Kauffman, APJ.).
The petitioner sought review of the Mag Aerospace's patents
directed to modular vacuum toilets, such as those that might be
used on a commercial airplane. The patents covered so-called
line-replaceable units, LRUs, which the patents described as being
easily replaceable components intended to make maintenance or
repair of vacuum toilets easier. In its Preliminary Response,
patent owner Mag
