PTAB Allows Supplemental Information Request To Fly, PTAB Litigation Blog
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Once the PTAB institutes an IPR, the parties may only add supplemental information to the record by requesting authorization to file a motion to submit the information. See 37 C.F.R. § 42.123 (2022). If authorization is not requested within one month of the date of institution, the burden to introduce the information is even higher—the movant must also “show why the supplemental information reasonably could not have been obtained earlier, and that consideration of the supplemental information would be in the interests-of-justice.” Id. § 42.123(b). In Group III International, Inc. v. Targus International LLC, No. IPR2021-00371, Paper 76 (P.T.A.B. Mar. 28, 2022), the Board recently granted such a motion and admitted information contradicting an expert’s unpatentability opinion that was raised for the first time on reply.
