Takeaway: Objections to evidence pertain to evidence presented by the parties and do not pertain to any evidence introduced by the Board.

In its Order, the Board expunged sua sponte Patent Owner’s Notice of Objections to Exhibit 3004 in each proceeding.  Exhibit 3004 was an exhibit the Board attached to its final written decision.

The Board explained that parties are to “serve” objections to evidence under 37 C.F.R. § 42.64 and that a party relying on evidence that has been objected to may serve supplemental evidence in response.  Therefore, the Board indicated that notices of objections to evidence apply to the parties rather than the Board.  Further, Patent Owner did not seek authorization, nor was any authorization granted, for filing the Notices of Objections to the Board’s exhibit.  Thus, the Board expunged Patent Owner’s objections to the Board’s exhibit.  The Board also noted that the mechanism for seeking relief from a final written decision is provided in 37 C.F.R. § 42.71(d).

SDI Technologies, Inc. v. Bose Corporation, IPR2013-00350; IPR2013-00465
Paper 39: Order on Conduct of the Proceeding
Dated: December 3, 2014
Patents: 8,401,682 B2; 8,364,295 B2
Before: Karl D. Easthom, Michael J. Fitzpatrick, and David C. McKone
Written by: Easthom