Submission of Supplemental Evidence in an IPR May Be Submitted After the Due Date - International Business Machines Corp. v. Intellectual Ventures I LLC Addressing the circumstances for submitting supplemental evidence in an inter partes review , the Patent Trial and Appeal Board allowed the petitioner to submit a responsive declaration after the due date for such submissions where the declaration was relevant, the evidence could not be obtained without a subpoena and the patent owner was not prejudiced.