Though Not A "Routine Avenue," Petitioner Permitted To Submit Supplemental Information

The PTAB recently granted Frameless Hardware Company LLC's ("FHC") motion to submit supplemental information to its expert's original declaration in support of institution. FHC had filed two petitions against Patent Owner, C.R. Laurence Co., Inc. ("CRL"), challenging six total claims of CRL's patent, U.S. Patent No. 9,074,413 B1 (the '413 patent). The '413 patent is directed to framing assemblies for glass doors, wall partitions, and other similar structures. Later, upon a joint request by the parties, the PTAB consolidated both IPRs into IPR2022-00356.

With prior authorization, a party may file a motion to submit supplemental information after trial has been instituted in accordance with the following requirements: (1) a request for authorization to file a motion to submit supplemental information must be made within one month of the date the trial has been instituted; and (2) the supplemental information must be relevant to a claim for which the trial has been