In Mitsubishi Plastics, Inc. v. Celgard, LLC, IPR2014-00524, Paper 17, )October 15, 2014), the Board gave a refresher course on objecting to evidence supporting a Petition. The Board explained:
Following institution of an inter partes review trial, “[a]ny objection to evidence submitted during a preliminary proceeding must be served within ten business days of the institution of the trial.” 37 C.F.R. § 42.64(b)(1) (emphasis added).
The Board further explained that:
37 C.F.R. § 42.64(b)(2) provides that “[t]he party relying on evidence to which an objection is timely served may respond to the objection by serving supplemental evidence within ten business days of service of the objection.” (emphasis added).
The Board’s Rules do not require the parties to file objections to evidence with the Board. SIPNet EU SRO v. Straight Path IP Group, Inc., IPR2013-00246, Paper 28 at 3 (December 12, 2013). The Board said that objections, and any supplemental evidence served in response, are only to be filed with the Board in the event they later become the basis of a Motion to Exclude Evidence. Sealed Air Corp. v. Pregis Innovative Packaging, Inc., IPR2013-00554, Paper 18 at 2–3 (April 1, 2014).