Topics: Admissibility of late-filed non-infringement arguments

An invalidity attack filed for the first time on appeal, will be considered inadmissible absent a compelling justification for its late submission (R. 222.2 RoP): When exercising its discretion under R. 222.2 RoP, the CoA weighs the justification for the late submission, its relevance to the appeal, and the position of the opposing party. A…