PTAB Guiding Principles Favor Supplementary Dec

PTAB ‘Guiding Principles’ Favor Supplementary Declaration in ‘Close’ Case, PTAB Litigation Blog

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A PTAB panel recently granted a Petitioner’s motion to submit a second expert declaration that directly addressed deficiencies identified by the PTAB’s Institution Decision. While a “close” case, the panel concluded that allowing the second declaration would “further our goals of efficiency and our mandate to ‘secure the just, speedy, and inexpensive resolution’ of this proceeding.” Celltrion, Inc. v. Chugai Seiyaku Kabushiki Kaisa et al., IPR2022-00578, (PTAB 2022) (citing 37 C.F.R. § 42.1(b)).

*Jack is a member of Jones Day’s New Lawyer Group in Minneapolis.

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