PTAB designates Huawei* as precedential

By way of highlighting what was not done in this case to show a good cause for submitting new evidence, the Board provides guidance regarding the procedure for submitting new evidence with a rehearing request:

"Ideally, a party seeking to admit new evidence with a rehearing request would request a conference call with the Board prior to filing such a request so that it could argue “good cause” exists for admitting the new evidence. Alternatively, a party may argue “good cause” exists in the rehearing request itself." Here neither was done.

* Huawei Device Co., Ltd. v. Optis Cellular Technology, LLC, Case IPR2018-00816 (PTAB Jan. 8, 2019) (Paper 19)