Late Request Results In Denial Of Motion To Strike Authorization, PTAB Litigation Blog

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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to topics and issues that Patent Owner first raised in its Patent Owner Response, or were the same as arguments originally made in the Petition.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.

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