News & Analysis as of May 11, 2025

Prior Art

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PTAB Year in Review – Caveat Experimenter: Using Experimental Data in PTAB Proceedings Comes With Risks

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/7/2025

Parties involved in Patent Trial and Appeal Board (PTAB) proceedings sometimes contemplate submitting experimental data to support their positions. Although such data can be useful, there also are risks. Several recent cases...more

PTAB Permits Submission of Evidence Midstream to Bolster Public Accessibility of References Despite Objections

Akin Gump Strauss Hauer & Feld LLP on 8/7/2024

The Patent Trial and Appeal Board has granted a petitioner’s motion to submit supplemental information, over patent owner’s objections, concerning the public availability of references that were relied upon to support grounds...more

Federal Circuit: PTAB Erred In Presuming Nexus Where Commercial Product Was Not Coextensive With Patented Invention

Akin Gump Strauss Hauer & Feld LLP on 1/6/2020

The Federal Circuit vacated and remanded the Patent Trial and Appeal Board’s (PTAB) decisions in two inter partes review (IPR) proceedings, finding that the PTAB applied the wrong standard when it presumed there was a nexus...more

PTAB Allows Patent Owner to Subpoena and Depose Internet Archives Employee for Limited Purpose

Akin Gump Strauss Hauer & Feld LLP on 3/20/2018

In a recent order, the Patent Trial and Appeal Board (PTAB) granted Patent Owner’s request to seek a subpoena and cross-examine an office manager at the Internet Archives. The request relates to Petitioner’s submission of an...more

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Patent Ownership › Evidence › Prior Art

PTAB Year in Review – Caveat Experimenter: Using Experimental Data in PTAB Proceedings Comes With Risks

PTAB Permits Submission of Evidence Midstream to Bolster Public Accessibility of References Despite Objections

Federal Circuit: PTAB Erred In Presuming Nexus Where Commercial Product Was Not Coextensive With Patented Invention

PTAB Allows Patent Owner to Subpoena and Depose Internet Archives Employee for Limited Purpose

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