Supplemental Expert Reports Cannot Be Submitted Via A Notice Of Reliance

The TTAB recently clarified its procedures for making evidence of record through notices of reliance. After the close of its testimony period, Applicant sought to reopen the period in order to file an additional notice of reliance. The exhibits attached to this notice of reliance included a "Supplemental Expert Report" and the documents referenced in the report. The Board excluded the Supplemental Expert Report because it was not proper subject matter for introduction via a notice of reliance. The Board then considered the possibility that the report was admissible because the parties had so stipulated. The report was not admissible on this basis because the parties' stipulations covered the expert's initial report, but did not address the admissibility of any additional expert reports, affidavits, or declaration testimony. The report also did not qualify as proper supplementation under the Federal Rules of Civil Procedure because, by Applicant's own admission, it