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Admissible Evidence Expert Testimony Patent Trial and Appeal Board

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Exclusion of Evidence at the PTAB - Does it ever happen?

Experienced PTAB practitioners know that the Board rarely grants motions to exclude evidence in Post Grant proceedings. In this article, we look beyond the grim anecdotes and provide some statistics, as well as the Board’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Evidence Alley: Lightweight Fabric: Admissibility versus Weight at the PTAB

Many parties in front of the Patent Trial and Appeal Board (Board) struggle with the handling of evidentiary issues. This struggle is heightened when expert evidence is the focus. In Tietex International, Ltd. v. Precision...more

McDermott Will & Emery

No Institution Based Solely on Unsupported Expert Testimony (Johns Manville Corporation v. Knauf Insulation Inc.)

Addressing whether a petitioner’s unsupported expert testimony, unchallenged by the patent owner, is sufficient to carry an inter partes review (IPR) petition at least through the institution phase, the Patent Trial and...more

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