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...
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 &...
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...
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...
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...
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...
