Rulings are indexed and searchable by type of document. Currently included in the database is a docket sheet for every IPR, CBM and PGR that is electronically available through the PTAB E2E, as well every patent number that is electronically available. The equalization factors can be found online. The USPTO’s PTAB E2E portal is checked for newly filed documents and cases on a daily basis. The volume of appeals filed can affect the date that the decisions are mailed. No written decisions are released prior to this time. ✚fter all hearings for a township are completed for the year, official findings for each case are mailed to appellants or their attorneys. § 42.23 is misplaced, because there are rules to submit supplemental evidence or supplemental information, and petitioner did not follow those rules.Libertyville Review and Vernon Hills Reviewīuffalo Grove Countryside, Lincolnshire Review and Vernon Hills Review The Board indicated that petitioner’s reliance on 37 C.F.R. § 42.23, in response to patent owner’s arguments in its response. A PowerPoint of the presentation can be found here and the Boardside Chat schedule can be found here. The Administrative Patent Judges that presented were Michael Zecher, Tom Giannetti and Grace Obermann. Petitioner argued that the exhibits were submitted, under 37 C.F.R. The PTAB recently hosted a Boardside Chat webinar on the topic of hearsay and authentication before the Board. § 42.64(b) in response to patent owner’s evidentiary objections, nor filed under 37 C.F.R. Petitioner did not serve or file those exhibits under 37 C.F.R. The Board granted patent owner’s motion to exclude as untimely a webpage link to a downloadable data sheet and a screenshot submitted with petitioner’s reply. Optical Devices, LLC, IPR2014-01446, Paper 31 (PTAB Mar. Supplemental evidence, served in response to an evidentiary objection, is limited to supporting the admissibility of originally filed evidence, and cannot be used to introduce documents for the purpose of supporting an argument on the merits. Petitioner should not have sought to submit such evidence as supplemental information. The Board noted that the items of evidence, described as “supplemental information,” were instead directed to patent owner’s evidentiary objections and should have been served on patent owner as supplemental evidence. The Board stated that to the extent these items are used to support the admissibility of petitioner’s originally filed evidence, the items could be filed as exhibits if the items were served on patent owner. Third, click Try it Outbutton for a return response. Second, enter value input intoparameterfield if applicable. This will allow you to search and retrieve trials and associated documents. Petitioner sought permission to enter a declaration attesting to the public availability of webpages catalogued by the Internet Archive. Getting Started 6 SWAGGER GET INSTRUCTIONS First, click GETbutton to view Implementation Notes. 2, 2015). The Board denied petitioner’s motion to submit supplemental information because petitioner’s proposed evidence should have been served on patent owner as supplemental evidence pursuant to 37 C.F.R. Cyber Switching Patents, LLC, IPR2015-00690, Paper 28 (PTAB Oct. On the other hand, supplemental information is evidence a party intends to support an argument on the merits.Īvocent Huntsville Corp.
Supplemental evidence is offered solely to support admissibility of the originally filed evidence and to defeat a motion to exclude that evidence, and not to support any argument on the merits. Supplemental evidence is served in response to an evidentiary objection. § 42.64(b)(2) and supplemental information under 37 C.F.R. The Board explained the difference between supplemental evidence under 37 C.F.R. § 42.64(b)(2) provides that the party relying on evidence to which an objection is timely served may respond to the objection by serving supplemental evidence within ten business days of service of the objection.
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