Demonstrative Exhibits Are Proper If the Quote Filed Papers

Posted on by

In Hewlett-Packard Company v. MCM Portfolio LLC,  IPR2013-00217, Paper 29 (June 3, 2014) the Board discussed Demonstrative Exhibits:

Demonstrative exhibits are merely visual aids to a party’s oral presentation at the final oral hearing, and are not evidence. They may not include new argument or evidence. See CBS Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118 at 3-4 (Oct. 23, 2013).

Petitioner objected to Patent Owner’s slides 7-11 address Petitioner’s arguments that were not addressed in the patent owner’s response and that Patent Owner will use those slides as a basis to present new arguments at the oral hearing.  Petitioner confirmed that each of Patent Owner’s slides at issue does not contain new argument or evidence, but rather merely quotations from the petition. As such, the Board informed the parties that Patent Owner may use its demonstrative exhibits at the oral hearing.

The Board advised the parties to utilize their oral hearing time efficiently by only presenting arguments relied upon in the substantive papers previously submitted (e.g., the petition and patent owner response). Whatever a party desires to present should already have been presented in the party’s papers.The Board noted that the parties should act with courtesy and decorum at the oral hearing.  See 37 C.F.R. § 42.1(c).

 

This entry was posted in Uncategorized by Bryan Wheelock. Bookmark the permalink.

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.