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PTAB Panel Excludes Entire Reply Brief for Raising Untimely Arguments

  • May 24, 2018
  • Robert Gravois

A PTAB panel excluded a Petitioner's entire Reply Brief because it exceeded the proper scope of a reply. The AIA trial rules prohibit a Petitioner from raising new issues in a Reply Brief. 37 C.F.R. § 42.23(b) ("A reply may…

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About the Author

Robert Gravois is a partner at Thomas | Horstemeyer LLP with extensive experience in patent office proceedings, including inter partes review (IPR), covered business method (CBM), reexamination, and interference proceedings. He has represented clients in proceedings at the Patent Trial and Appeal Board, in federal district courts throughout the country, and at the Court of Appeals for the Federal Circuit. Learn more.

About the Firm

Thomas | Horstemeyer LLP is a premier intellectual property law firm headquartered in Atlanta with approximately 40 attorneys and patent agents serving clients all over the world. The firm offers services in all areas in intellectual property, including patents, trademarks, trade secrets, and copyrights. All of Thomas | Horstemeyer’s attorneys and patent agents have technical backgrounds, with many holding advanced masters and doctorate degrees in their respective technical fields. Learn more.

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