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ARTICLE · 12 NOVEMBER 2015

PTAB May Allow A Petitioner To Correct An Improper IPR Reply Brief

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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In Belden, patent owner Belden Inc. challenged the Board's final written decision that certain claims of U.S. Patent No. 6,074,503 were not patentable.

United StatesIntellectual Property
William Meunier
William Meunier
Nicholas Armington
Nicholas Armington
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Last week, the Federal Circuit explained that the Patent Trial and Appeal Board did not err when it allowed a petitioner to revise its Inter Partes Review Reply brief after first cautioning the petitioner that the PTAB may reject the Reply in its entirety if it improperly raised new issues. Belden Inc. v. Berk-Tek LLC, No. 2014-1575, Slip Op. at 11 (Fed. Cir. Nov. 5, 2015).  In doing so, the Federal Circuit clarified the degree of discretion given to the Board when determining how to address a reply that may raise new issues or contain other improper material.

In Belden, patent owner Belden Inc. challenged the Board's final written decision that certain claims of U.S. Patent No. 6,074,503 were not patentable. Id. at 11.  The petition initiating the inter partes review did not include an expert declaration, but petitioner Berk-Tek LLC subsequently filed and cited to a declaration with its reply to Belden's patent owner response. Id. at 9.  Belden orally opposed the

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