New Declarations with a Sur-reply Require Extraordinary Circumstances, PTAB Litigation Blog
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In a 2-1 decision, the Patent Trial and Appeal Board (“PTAB”) denied a patent owner’s motion to file two new declarations in connection with its sur-reply, holding that the patent owner failed to prove the extraordinary circumstances necessary for such a filing. See Omega Liner Company, Inc. v. Buergofol GmbH, No. IPR2023-01372, Paper 44 (P.T.A.B. Nov. 18, 2024).
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