C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 42—TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD › Subpart A—Trial Practice and Procedure

37 C.F.R. § 42.64

Objection; motion to exclude

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(a) Deposition evidence. An objection to the admissibility of deposition evidence must be made during the deposition. Evidence to cure the objection must be provided during the deposition, unless the parties to the deposition stipulate otherwise on the deposition record.

(b) Other evidence. For evidence other than deposition evidence:

(1) Objection. Any objection to evidence submitted during a preliminary proceeding must be filed within ten business days of the institution of the trial. Once a trial has been instituted, any objection must be filed within five business days of service of evidence to which the objection is directed. The objection must identify the grounds for the objection with sufficient particularity to allow correction in the form of supplemental evidence.

(2) Supplemental evidence. The party relying on evidence to which an objection is timely served may respond to the objection by serving supplemental evidence within ten business days of service of the objection.

(c) Motion to exclude. A motion to exclude evidence must be filed to preserve any objection. The motion must identify the objections in the record in order and must explain the objections. The motion may be filed without prior authorization from the Board.

[77 FR 48669, Aug. 14, 2012, as amended at 80 FR 28565, May 19, 2015]
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2016–2024 · leading case: Genzyme Therapeutic Prods. Ltd. P'ship v. Biomarin Pharm. Inc., 825 F.3d 1360 (Fed. Cir. 2016).
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Genzyme Therapeutic Prods. Ltd. P'ship v. Biomarin Pharm. Inc., 825 F.3d 1360 (Fed. Cir. 2016). “See 37 C.F.R. § 42.64 (c); Belden, 805 F.3d at 1081 .”
Zyxel Commc'ns Corp. v. Unm Rainforest Innovations, 107 F.4th 1368 (Fed. Cir. 2024). “Under 37 C.F.R. § 42.64 (b)(1), the Board’s regulations pro- vide: Any objection to evidence submitted during a pre- liminary proceeding must be filed within ten busi- ness days of the institution of the trial.”
Valmont Indus., Inc. v. Lindsay Corp. (Fed. Cir. 2018). “Valmont argues that a petitioner is only allowed to submit additional evidence not originally submitted with the petition in two circumstances: (1) for addressing the admissibility of objected-to evidence under 37 C.F.R. § 42.64 or (2) by seeking leave to submit supplemental…”
United Therapeutics Corp. v. Liquidia Tech., Inc. (Fed. Cir. 2024). “589; 37 C.F.R. § 42.64 (b)(2). Prior to filing its Patent Owner response, UTC deposed Dr.”
Zyxel Commc'ns Corp. v. Unm Rainforest Innovations (Fed. Cir. 2024). “Under 37 C.F.R. § 42.64 (b)(1), the Board’s regulations pro- vide: Any objection to evidence submitted during a pre- liminary proceeding must be filed within ten busi- ness days of the institution of the trial.”
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