Safeway, Inc. and The Kroger Co. v. Kroy IP Holdings, LLC: Granting Request to File Exhibit IPR2014-00685
Wednesday, August 20, 2014

Takeaway:  A party will likely be granted leave to correct an error of not including an exhibit if it is clear from the papers or other exhibits that the missing exhibit was intended to be filed.

In its Order, the Board granted Petitioner’s request to correct a filing error.  Petitioner filed the declaration of its expert without including his curriculum vitae, despite indicating that it was attached.  Patent Owner opposed the request because it already filed its Preliminary Response, in which it challenged the declaration under Federal Rule of Evidence 702.  The Board found that Patent Owner could have asked Petitioner for a copy of the curriculum vitae because it was obvious from the declaration that Petitioner intended to submit it. Further, if inter partes review is instituted, Patent Owner will have the right to file a response in which it can address any perceived deficiencies of the declaration.

Safeway, Inc. and The Kroger Co. v. Kroy IP Holdings, LLC, IPR2014-00685
Paper 9: Order on Conduct of the Proceeding
Dated: August 18, 2014
Patent 7,054,830 B1
Before: Michael J. Fitzpatrick, Barry L. Grossman, and Jeremy M. Plenzer
Written by: Fitzpatrick

 

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