DEMONSTRATIVES AT PTAB ORAL ARGUMENTS CANNOT INCLUDE NEW EVIDENCE

In its Order, PTAB ruled that demonstratives during oral arguments can only include arguments and evidence already presented to the Board and included in the parties' papers (petition, patent owner response, reply etc).  Int'l Business Machines Corp. v. Intellectual Ventures II, LLC, IPR2015-00089, -00092, Paper 41 (PTAB Jan. 14, 2016).  In this case, the Petitioner objected to certain slides that cited to patent owner's expert declaration that patent owner did not cite in its Patent Owner Response or any other paper.  Patent Owner acknowledged but contended that the paragraphs referenced are conclusions which were argued in the Response.  Agreeing with the Petitioner's arguments, the Board precluded the use of the demonstratives to the extent the slides reference paragraphs of the declaration that are not included in the Response.