PTAB Denies Timely, Relevant Supplement to Petition, <i>PTAB Litigation Blog</i>

PTAB Denies Timely, Relevant Supplement to Petition, PTAB Litigation Blog

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By rule, a petitioner may request permission from the Board to submit supplemental information in an IPR proceeding if: (1) the request is filed within one month of the Board’s institution decision, and (2) the supplemental information is “relevant to a [patent] claim for which the trial has been instituted.” 37 C.F.R. § 42.123(a). As the Board recently demonstrated, however, a petitioner’s request for consideration of supplemental information may be denied even if both of these requirements are satisfied. The Board’s decision underscores the critical importance of including in an IPR petition the entirety of an invalidity argument and any supporting evidence.

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