Petition for Inter Partes Review by Apple Inc., IPR2015-00356 (PTAB June 26, 2015, Order) (Perry, APJ)
Tuesday, June 30, 2015
Voluminous Petition and Supporting Exhibits Warrant Denial of Inter Partes Review
The Board denied institution of inter partes review of a digital rights management patent because the petition and supporting exhibits were too voluminous to permit a just, speedy, and inexpensive resolution of the proceeding. "The Director requires us to apply our trial rules 'to secure the just, speedy, and inexpensive resolution of every proceeding.' 37 C.F.R. § 42.1. No such proceeding could be secured with the record presented to us by Petitioner. . . . The [petitioner's expert's] declaration is 342 pages, includes voluminous information not relevant to this Petition, and contains numerous self-citations. The Petition includes sixty-one exhibits totaling 30,298 pages. Petitioner asserts that all exhibits are relied upon in the Petition. Fifty-one of the exhibits, however, are not cited in the Petition. The Office Patent Trial Practice Guide cautions that petitioners should 'avoid submitting a repository of all the information that a judge could possibly consider, and instead focus on concise, well-organized, easy-to-follow arguments supported by readily identifiable evidence of record.' The Petition widely misses that mark."