Keep Surprises Away At Hearing Demonstratives Must Only Contain Proof of Record

In TriVascular, Corporation. v. Rob Samuels, IPR2013-00493, Paper 39 (September 2, 2014) the Board sustained numerous objections towards the patent owner’s demonstrative exhibits. The Board agreed that modified versions from the patent sketches, and animations from the patent sketches “improperly display material not provided of record formerly within this proceeding” and barred the patent owner by using, stating, or depending this material throughout the hearing, but permitting the patent owner to exchange the barred material, however, with evidence which was made from record timely within the situation.  The Board also barred a demonstrative that didn’t exactly quote from proof of record, but permitted the patent owner to substitute a demonstrative with exact quotation.  The Board didn’t bar material reproduced exactly in the reported record evidence, that was not formerly depended upon, stating that this visited the load that might be given, to not whether it may be presented.