Redline Detection, LLC v. Star Envirotech, Inc.
Addressing the rules governing admissibility of supplemental
information during an inter partes review (IPR)
proceeding, the U.S. Court of Appeals for the Federal Circuit
affirmed the decision of the Patent Trial and Appeal Board (PTAB or
Board) denying petitioner's motion to submit supplemental
information and affirmed the PTAB's decision finding the claims
to not be obvious under § 103. Redline Detection, LLC v.
Star Envirotech, Inc., Case Nos. 15-1047 (Fed. Cir., Dec. 31,
2015 (Wallach, J.).
Redline filed an IPR petition challenging patent claims directed
to methods of generating smoke to enable detection of leaks in
fluid systems. Redline sought review on 12 separate grounds,
including obviousness, but did not submit an expert declaration in
support of its petition. The PTAB instituted an IPR proceeding on
two of the asserted grounds of obviousness. Later Redline filed a
motion to add supplemental disclosure of
