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PTAB Considers Efficiency When Deciding Motions to Submit Supplemental Information, PTAB Litigation Blog

May 2018

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After IPR institution, a party may file a motion to submit supplemental information so long as (1) the party requests authorization to file the motion within a month of the date the trial was instituted, and (2) the information is relevant to a claim for which trial was instituted. See 37 C.F.R. § 42.123(a) (2012). However, in addition to these requirements, the Patent Trial and Appeal Board (PTAB) will also consider whether granting the motion promotes efficiency. See RPX Corp. v. IYM Techs. LLC, No. IPR2017-01888 (P.T.A.B. May 14, 2018) (Paper No. 9).

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