You Need a Good Reason to Submit Supplemental Information

A party seeking to submit supplemental information more than one month after the date the trial is instituted must request authorization to file a motion to submit the information.  The motion must show why the supplemental information reasonably could not have been obtained earlier, and the consideration of the supplemental information would be in the interests of justice.  37 C.F.R. § 42.123(b).  In Carl Zeiss SMT GmbH v. Nikon Corporation, IPR2013-00363, Paper 20 (March 5, 2014)  the Board denied Petitioner’s requies to file supplemental information because counsel for Petitioner did not provide a reason sufficient to show why Petitioner cannot submit such evidence in connection with a Petitioner Reply to the Patent Owner Response.  37 C.F.R. § 42.23(b).

 

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About Bryan Wheelock

Education J.D., Washington University in St. Louis B.S.E. in Mechanical Engineering, Duke University Bryan Wheelock's practice includes preparation and prosecution of patent and trademark applications and drafting of intellectual property agreements, including non-compete agreements. He has brought and defended lawsuits in federal and state courts relating to intellectual property and has participated in seizures of counterfeit and infringing goods. Bryan prepares and prosecutes U.S. and foreign patent applications for medical devices, mechanical and electromechanical devices, manufacturing machinery and processes, metal alloys and other materials. He also does a substantial amount of patentability searching, trademark availability searching and patent and trademark infringement studies. In addition to his practice at Harness Dickey, Bryan is an Adjunct Professor at Washington University School of Law and Washington University School of Engineering.