Tag Archives: expert testimony

PTAB Nixes Presentation of Video-Recorded Testimony at Oral Hearing as New Evidence

By Tom Engellenner The new AIA procedures for administratively challenging issued patents afford the parties an opportunity to present their cases at a “final oral hearing” before the three Administrative Patent Judge panel that will decide the case.  This is … Continue reading

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What is Inconsistent Information and When Must Such Information be Disclosed?

By Kelly E. Rose As we’ve previously discussed, the inter partes review (IPR) and post grant review (PGR) procedures in the USPTO allow for parties to take discovery.  Specifically, Rule 42.51 enumerates the permitted categories of discovery, including: (a) mandatory … Continue reading

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PTAB Issues Guidelines on Foreign Language Testimony

by Tom Engellenner The new AIA post grant proceedings not only authorize depositions but also make provisions for deposing witnesses in a foreign language. Similar to rules that have governed foreign language depositions in PTO interference proceedings (37 C.F.R. 41.157(d)), … Continue reading

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Using Experts in AIA Inter Partes Review Proceedings – Part 1

By Tom Engellenner Although an “expert opinion” in the form of a declaration is not a mandatory part of a petition for patent review under the new AIA proceedings (i.e., inter partes review, CBM review or post-grant review), opinions of … Continue reading

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