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PRECEDENTIAL: Institution Denied Based On Insufficiently Supported Expert Declaration

PRECEDENTIAL: Institution Denied Based On Insufficiently Supported Expert Declaration

by Carl Kukkonen | Mar 7, 2023 | Evidentiary Issues, Expert Witnesses

By Carl Kukkonen – In Xerox Corp. v. Bytemark, Inc., IPR2022-00624, Paper 9 (Aug. 24, 2022) the PTAB denied institution of an Inter Partes Review under 35 USC § 314.  This denial was based on several factors including the declaration of the petitioner’s expert...
PTAB Denies Authorization to Submit Exhibit For Not Following the Rules

PTAB Denies Authorization to Submit Exhibit For Not Following the Rules

by Josh Nightingale | Mar 3, 2023 | Expert Witnesses, Motions Practice

By Ryan Mueller, Sachin Patel, and Josh Nightingale – The PTAB recently granted a joint request to expunge an exhibit and contemporaneously denied the Patent Owner’s request for authorization to file a Motion for Leave to Submit the same exhibit in Bausch &...
Experts and Expert Testimony in PTAB Proceedings

Experts and Expert Testimony in PTAB Proceedings

by Matthew Johnson | Sep 27, 2022 | Evidentiary Issues, Expert Witnesses

By Stephanie Mishaga and Matt Johnson – In a recent Boardside Chat webinar, a panel made up of PTAB judges and practicing attorneys discussed the use of experts and expert testimony in American Invents Act (AIA) proceedings.  The panelists stressed that...
BREAKING: PTAB Publishes Final Rule Package

BREAKING: PTAB Publishes Final Rule Package

by Matthew Johnson | Dec 8, 2020 | Evidentiary Issues, Expert Witnesses, PTAB News

By Matt Johnson – On December 8th, the PTAB published a Final Rule, formalizing a number of PTAB practices dictated by case law and described in the current Trial Practice Guide.  The one substantive change of note is the removal to deference to the...
A Compelling Decision – Board Addresses Scope Of Work Product Protection

A Compelling Decision – Board Addresses Scope Of Work Product Protection

by Matthew Johnson | Jan 24, 2020 | Discovery, Expert Witnesses

By Marlee Hartenstein and Matt Johnson – In a series of IPR proceedings between Petitioner Adobe Inc. and Patent Owner RAH Color Technologies LLC, the Patent Trial and Appeal Board declined to extend attorney work product protection to deposition questions...
Strategic Decision to Forgo Expert Does Not Allow a “Second Bite”

Strategic Decision to Forgo Expert Does Not Allow a “Second Bite”

by Emily Tait | Sep 9, 2019 | Expert Witnesses, Petitions, Trial Institution

By Emily Tait The PTAB recently denied petitioner’s request for rehearing of a decision denying institution of inter partes review, rejecting the argument that the Board’s denial was based on an erroneous analysis of the “non-exhaustive” General Plastic factors.  See...
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