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Submissions of Supplemental Information in IPRs Subject to Extra Requirements, PTAB LItigation Blog

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A party to an inter partes review may submit supplemental information within one month of institution if the party can show that the supplemental information is "relevant to a claim for which the trial has been instituted." 37 C.F.R. § 42.123(a). In order to submit supplemental information after one month, the party must additionally prove: (1) "why the supplemental information reasonably could not have been obtained earlier"; and (2) "that consideration of the supplemental information would be in the interests of justice." Id. § 42.123(b).

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