Friday, October 19, 2012

Excessive Number of Alleged Prior Art References Warrants “Biweekly Declarations” Detailing Efforts to Reduce Number of References

The ALJ denied complainants' motion to strike respondents' notice of prior art containing 1,818 references where complainants were asserting more than 100 claims over 4 patents. "Nonetheless, the [ALJ] is concerned about the number of prior art references noticed, just as he was concerned about the number of asserted patent claims. . . . [Respondents] should be mindful of needlessly consuming the time, energy, and resources of complainants, as well as that of the administrative law judge. Thus, respondents are ordered to file biweekly declarations detailing their efforts to reduce the number of references listed in their notice of prior art."

Audiovisual Components, 337-TA-837 (ITC October 4, 2012, Order) (Shaw, ALJ).

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