Insights

qtq80eQLCXZ1080x675

Motion to Exclude Improper Vehicle For Addressing Non-Responsive Evidence, PTAB Litigation Blog

Visit the PTAB Litigation Blog.

In Apple, Inc. v. Parus Holdings, Inc. (IPR2020-00686), the PTAB denied the Patent Owner’s motion to exclude portions of the Petitioner’s supplemental expert declaration.  Here the Patent Owner sought to exclude a number of paragraphs of the supplemental declaration because the testimony: 1) did not respond to arguments raised in the Patent Owner Response; 2) was an unauthorized late submission; and 3) was improperly incorporated by reference into the reply.  The PTAB agreed with the Petitioner that Patent Owner’s motion to exclude was improper and that Patent Owner should have filed a motion to strike instead.

Read the full article at ptablitigationblog.com.

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.