On April 4, 2019, the PTAB designated as precedential its
decision in Huawei Device Co., Ltd. v. Optis Cellular Tech., LLC,
Case IPR2018-00816 (PTAB Jan. 8, 2019) (Paper 19), which provides
additional insight on the Trial Practice Guide's good cause
standard for submitting new evidence on rehearing. Specifically,
the PTAB explained that "[i]deally, a party seeking to admit
new evidence with a rehearing request would request a conference
call with the Board prior to filing such a request so that it could
argue 'good cause' exists for admitting the new evidence.
Alternatively, a party may argue 'good cause' exists in the
rehearing request itself."
In this case, Huawei's Petition for IPR was denied
institution and, as part of Huawei's rehearing request, they
submitted three new exhibits, Exhibit 1039-1041. Relying on the
"good cause" standard mentioned in the PTAB's Trial
Practice Guide, the panel concluded that because "Huawei did
not request a conference call with the
