(a) Motion to submit supplemental information. Once a trial has been instituted, a party may file a motion to submit supplemental information in accordance with the following requirements:
(1) A request for the authorization to file a motion to submit supplemental information is made within one month of the date the trial is instituted.
(2) The supplemental information must be relevant to a claim for which the trial has been instituted.
(b) Late submission of 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 to submit supplemental information must 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.
(c) Other supplemental information. A party seeking to submit supplemental information not relevant to a claim for which the trial has been 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 that consideration of the supplemental information would be in the interests-of-justice.
Notes of Decisions
Redline Detection, LLC v. Star Envirotech, Inc., 811 F.3d 435 (Fed. Cir. 2015).
· cites it 10× “Appellant Redline Detection, LLC (“Redline”) appeals the inter partes review (“IPR”) decision of the United States Patent and Trademark Office’s (“USPTO” or “the Office”) Patent Trial and Appeal Board (“the PTAB” or “the Board”), which denied Redline’s motion to submit…”
Ultratec, Inc. v. Captioncall, LLC, 872 F.3d 1267 (Fed. Cir. 2017).
· cites it 3× “20 (b) (“A motion will not be entered without Board authorization”); see also 37 C.F.R. § 42.123 (b) (explaining that the late submission of supplemental information must be in the interests of justice).”
Alivecor, Inc. v. Apple Inc., 130 F.4th 1006 (Fed. Cir. 2025).
“” 37 C.F.R. § 42.123 . Had AliveCor filed such a Case: 23-1512 Document: 61 Page: 23 Filed: 03/07/2025 ALIVECOR, INC.”
Valmont Indus., Inc. v. Lindsay Corp. (Fed. Cir. 2018).
“64 or (2) by seeking leave to submit supplemental information under 37 C.F.R. § 42.123 . This is incorrect. No statutes or rules prohibit a petitioner from submit- ting additional evidence after the petition, and § 42.”
Telefonaktiebolaget Lm v. Tcl Corp. (Fed. Cir. 2019).
“The Rules require a petitioner to present sufficient evidence, at the petition stage, to inform the patent owner of the issues to be presented, and PTO regulation 37 C.F.R. § 42.123 (b) requires that a party who seeks to submit new or supplemental information more than one month…”
Kingston Tech. Co. v. Spex Tech., Inc. (Fed. Cir. 2020).
“The Board then permitted Kingston to submit supplemental infor- mation pursuant to 37 C.F.R. § 42.123 . The Board also au- thorized the parties to file supplemental briefing addressing the supplemental information submitted by Kingston.”
Inre: Redline Detection, LLC, 547 F. App'x 994 (Fed. Cir. 2013).
“Redline claimed that the motion was proper under 37 C.F.R. § 42.123 (a), entitled “[mjotion to submit supplemental information,” because the request was timely and the information was relevant.”
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