Motions to Strike Aren’t Necessary (or Are They)?

In Apple Inc. v. SightSound Technologies LLC, CBM2013-00023, Paper 61 (April 2, 2014) the Board denied patent owner’s request for permission to file a motion to strike the Petitioner’s reply for new arguments not responsive to the arguments the patent owner made in its response, and to strike portions of Petitioner’s declaration for improperly containing legal argument.  In both instances, the Board said that in most cases it is capable of identifying and exclusing improper arguments and testimony.  However, merely asking for permision probably sensitized the Board to the issue.