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

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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.

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