The Board frequently uses its rulings to instruct practitioners on proper PTAB practice. It recently explained that any objections to evidence submitted during a preliminary proceeding must be served within ten business days of the institution of the trial, and the party relying on such evidence may respond by serving supplemental evidence within ten days. Objections and supplemental evidence do not need to be filed with the Board unless they are the basis of a Motion to Exclude Evidence.
If you have questions or need more information, please contact info@mckoolsmith.com.