ARTICLE · 03 MARCH 2016

"Supplemental Evidence" Versus "Supplemental Information"

McDermott Will & Emery

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Addressing the requirements to offer supplemental evidence and information, the Patent Trial and Appeal Board denied the patent owner's requests for authorization to file a motion to submit supplemental declarations...

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Shaun Hawkinson

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CaptionCall, LLC, v. Ultratec, Inc.

Addressing the requirements to offer supplemental evidence and information, the Patent Trial and Appeal Board (PTAB or Board) denied the patent owner's requests for authorization to file a motion to submit supplemental declarations, making it clear that parties wishing to offer supplemental evidence or information must follow specific rules for doing so. CaptionCall, LLC, v. Ultratec, Inc., Case Nos. IPR2015-00636; -00637 (PTAB, Jan. 6, 2016) (Benoit, APJ).

Petitioner CaptionCall filed petitions for inter partes review (IPR) of two of Ultratec's patents. After the Board instituted proceedings, the patent owner, Ultratec, filed its patent owner's response, which included two declarations: one from Ms. Kretschman and one from Mr. Ludwick.

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