Author: Justin E. Loffredo
Editor: Adriana L. Burgy
During oral argument, demonstrative exhibits can be a useful tool to direct the judges to key arguments and points of rebuttal. As specified in the Trial Practice Guide, the Board prohibits the presentation of new evidence in demonstratives. Recent Board orders further detail that prohibition.
For example, the Board in CBS Interactive Inc. v. Helferich Patent Licensing (IPR2013-00033) (Paper 118) (Oct. 23, 2013) proscribed petitioner and patent owner from using any of their demonstrative slides because many, though not all, were non-compliant. The Board’s specific guidance on the appropriate content of demonstrative exhibits included: (1) there is no new evidence or new arguments in demonstratives; (2) there is no proper basis for presenting “written text setting for various statements, characterizations, and assertions” as demonstrative exhibits; and (3) the burden is on the party presenting the demonstrative slide that it does not present new argument or new evidence.