Technical experts play a key role in patent litigation, including in PTAB litigation. Indeed, experts are often the only witnesses to provide testimony in PTAB proceedings, and final written decisions often hinge on which...more
The PTAB Strategies and Insights newsletter provides quarterly updates and insights into how best to handle PTAB trial proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at...more
5/3/2023
/ Collateral Estoppel ,
Director of the USPTO ,
Expert Testimony ,
Final Written Decisions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
IP Portfolio ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
PTAB Precedential Opinion Panel (POP) ,
USPTO
In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held in a precedential opinion that expert witnesses must at least have ordinary skill in the art. Because Kyocera’s expert did not...more
2/3/2022
/ Abuse of Discretion ,
Administrative Law Judge (ALJ) ,
Claim Construction ,
Doctrine of Equivalents ,
Expert Testimony ,
Expert Witness ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Precedential Opinion
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
2/1/2022
/ Abuse of Discretion ,
Administrative Law Judge (ALJ) ,
Claim Construction ,
Doctrine of Equivalents ,
Expert Testimony ,
Expert Witness ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Pharmaceutical Patents ,
Precedential Opinion ,
USPTO ,
Written Descriptions
The Patent Trial and Appeal Board (PTAB) implemented a number of measures designed to increase the consistency and predictability of panel decisions in the second half of 2018. These measures included the establishment of the...more
Powerful. Resilient. Ever-evolving. These characteristics of the Patent Trial and Appeal Board (PTAB) were on full display in 2019. This past year the PTAB received more than 1,300 inter partes review (IPR), post grant review...more
3/5/2020
/ Claim Construction ,
Concurrent Litigation ,
Constitutional Challenges ,
Corporate Counsel ,
Covered Business Method Proceedings ,
Design Patent ,
Estoppel ,
Evidentiary Standards ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
Motion To Stay ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Trial Practice Guidance