Takeaway: A party may file a motion to submit supplemental information if the request for the authorization to file the motion is made within one month of the date for which trial has been instituted and the supplemental information is relevant to a claim to be considered during the trial.

In its Order, the Board authorized Petitioner to file a motion to submit supplemental information.  As ordered by the Board, the motion must not exceed 5 pages in length, and the supplemental information that Petitioner seeks to have entered should be filed as an exhibit to the motion.  The Board also authorized Patent Owner to file an opposition to Petitioner’s motion, with the opposition being limited to 5 pages as well.

An initial conference call among the parties and the Board was held on October 30, 2014.  During the conference call, a number of issues were discussed, including: the Scheduling Order, protective order issues, discovery, and potential motions.

As for motions, Petitioner made a request for authorization to file a motion to submit supplemental information.  The supplemental information that Petitioner wanted to submit included a supplemental declaration of Aron D. Dahlgren (Petitioner’s witness).  Patent Owner indicated on the conference call that it would oppose such a motion to submit supplemental information if filed by Petitioner.

The Board granted Petitioner’s request for authorization to file the motion to submit supplemental information, noting that Petitioner’s request was made within one month of the date for which trial was instituted.  In doing so, the Board also noted that Petitioner had indicated that the supplemental information was relevant to claims 16-19 for which trial has been instituted.

Pacific Market Internationa, LLC v. Ignite USA, LLC, IPR2014-00561
Paper 17: Initial Conference Summary and Order on Conduct of the Proceeding 
Dated: October 31, 2014
Patent 7,997,442 B2 
Before: Josiah C. Cocks, Mitchell G. Weatherly, and George R. Hoskins
Written by: Cocks