MotivePower, Inc. v. Cutsforth, Inc.

In a sua sponte order concerning an inter partes review (IPR) proceeding, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (Board) expunged from the record in a proceeding several unauthorized filings by the patent owner pursuant to 37 C.F.R. § 42.7(a).  MotivePower, Inc. v. Cutsforth, Inc., Case No. IPR2013-00267 (Quinn, APJ).

The patent owner filed a document entitled “Patent Owner’s Updated Exhibit List” and an accompanying exhibit that included the patent owner’s demonstrative exhibits for the oral hearing.  The Board explained that it did not authorize these filings, and referenced its Trial Hearing Order, which explicitly stated that the parties “shall not file any demonstrative exhibits . . . without prior authorization.”  Instead, the order directed the parties to serve the exhibits by email to the Board.  Because the patent owner did not follow this procedure set forth in the Order, the Board expunged its filings.