Insights

qtq80FGJr0R1080x675

No Supplemental Information Permitted To Fix Petition Faults, PTAB Litigation Blog

Visit the PTAB Litigation Blog.

On February 28, 2022, in American Well Corporation v. Teladoc Health, Inc. IPR2021-00748, the PTAB denied a motion to submit supplemental information.  In this matter, the Board instituted a trial of all claims and all requested grounds.  In the Institution Decision, the Board stated that the petition failed to be persuasive as to providing a reasonable likelihood of prevailing with respect to some of the asserted claims and grounds.  Responsive to these statements by the board, the Petitioner American Well Corporation requested and was authorized to submit supplemental information, namely a supplemental expert declaration.

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.