Petitioner Mistakenly Ignores Not-So-Optional Claim Limitation, PTAB Litigation Blog
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The PTAB recently excluded a portion of Duration Media LLC’s (Petitioner) reply declaration for containing improper new evidence in an inter partes review petition filed against Rich Media Club LLC (Patent Owner) challenging all claims of U.S. Pat. No. 11,443,329. Media LLC v. Rich Media Club LLC, IPR2023-00953, Paper 74 (PTAB Aug. 19, 2024). Specifically, the PTAB found that Petitioner could not submit a second declaration by its expert to address a claim limitation that Petitioner wrongly considered to be optional and chose not to previously address.
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