Expert Testimony, Litigation Strategies, Inter Partes Review (IPR) Proceeding

Discretionary Denials at the PTAB: Strategic Insights for Petitioners and Patent Owners in a Shifting Landscape

Baker Botts L.L.P. on 7/8/2025

A set of recently issued memoranda by United States Patent and Trademark Office (“USPTO”) officials has re-energized the debate around discretionary denials in post-grant trials at the Patent Trial and Appeal Board (“PTAB”)....more

Patent Owner Tip #7 for Surviving an Instituted IPR: Work with Your Expert to Make the Declaration Navigable and Well Supported

Mintz - Intellectual Property Viewpoints on 5/21/2021

Expert declarations are an essential component of any patent owner’s effort to survive an instituted inter partes review (“IPR”). The Board relies heavily on expert testimony in order to evaluate and understand the technology...more

Patent Owner Tip #5 for Surviving An Instituted IPR: The Right Expert Can Save Your Patent

Mintz - Intellectual Property Viewpoints on 5/7/2021

The right expert can be the critical piece that saves the validity of your patent. Finding the right expert for a patent owner requires careful selection and due diligence. We previously detailed how your expert’s testimony...more

Tip #4 for Avoiding IPR Institution: Don’t Argue Facts

Mintz - Intellectual Property Viewpoints on 11/9/2020

We’ve previously written that the best defense to an IPR challenge is avoiding IPR institution altogether. In addition to the other tips discussed in this series of posts, another strategy for avoiding institution is focusing...more

FanDuel Learns the Hard Way: An IPR Challenge to Any Patent Claim May be Lost if Not Comprehensive and Rigorous Enough

Sunstein LLP on 9/1/2020

As we demonstrated in our own successful appeal, Arendi S.A.R.L. v. Apple Inc. (Fed. Cir. 2016), a petition for inter partes review (“IPR”) may fail when an expert declaration lacks detailed explanation. An expert’s...more

Expert Testimony › Litigation Strategies › Inter Partes Review (IPR) Proceeding

Discretionary Denials at the PTAB: Strategic Insights for Petitioners and Patent Owners in a Shifting Landscape

Patent Owner Tip #7 for Surviving an Instituted IPR: Work with Your Expert to Make the Declaration Navigable and Well Supported

Patent Owner Tip #5 for Surviving An Instituted IPR: The Right Expert Can Save Your Patent

Tip #4 for Avoiding IPR Institution: Don’t Argue Facts

FanDuel Learns the Hard Way: An IPR Challenge to Any Patent Claim May be Lost if Not Comprehensive and Rigorous Enough

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