
Late Request Results In Denial Of Motion To Strike Authorization, PTAB Litigation Blog
Visit the PTAB Litigation Blog.
Patent Owner (Provisur Technologies) requested authorization to file a motion to strike portions of Petitioner’s (Weber, Inc.) Reply and certain evidence submitted therewith, which Petitioner opposed. Patent Owner argued that parts of the Reply, and corresponding evidence, should be stricken because those portions contained improper new arguments that went beyond the scope of the Petition. Petitioner responded that its Reply arguments were responsive to topics and issues that Patent Owner first raised in its Patent Owner Response, or were the same as arguments originally made in the Petition. The Board sided with Petitioner, stating that Patent Owner did not provide adequate justification for a motion to strike.
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.