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Federal Circuit Affirms PTAB Ruling on Filing Of Supplemental Information

By Brendan Mee

The Federal Circuit continued its largely deferential treatment of Patent Trial and Appeal Board (PTAB) procedural rulings in Redline Detection, LLC v. Star Envirotech, Inc., 15-1047 (Fed. Cir. Dec. 31, 2015), upholding the PTAB's denial of Petitioner Redline's motion to submit supplemental evidence under 37 C.F.R. '42.123(a), within a one-month window from institution of an inter partes review (IPR). The Federal Circuit also affirmed the PTAB holding that U.S. Pat. No. 6,526,808 (the '808 Patent), was not invalid as obvious under 35 U.S.C. '103. Practitioners should be aware that entry of supplemental evidence after institution of an IPR is not routine, even within the one-month window from institution of the IPR, and remains firmly up to the PTAB's broad discretion.

Procedural Background

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