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Building a Winning Evidentiary Record at the PTAB (and Surviving Appeal)

April 14, 2016 • Webinar

Starts: 1:00 PM (EDT)
Ends: 2:30 PM (EDT)

Evidence is the lifeblood of every PTAB trial. As in any other litigation, success at the PTAB requires evidence to support all rulings on the merits. But unlike almost any other tribunal, the permissible scope of evidence, and the timeline for its introduction, are sharply limited and rarely relaxed except when “in the interests of justice.” 37 C.F.R § 42.51(b)(2). The unforgiving nature of PTAB proceedings requires that patent counsel appearing before the PTAB plan a detailed evidence strategy at the earliest stages of preparation and maintain an intimate understanding of the PTAB evidence procedures throughout trial. The deferential “substantial evidence” standard of fact review at the Federal Circuit merely underscores the critical importance of understanding the cadence of evidence procedure at the PTAB.

Listen as an authoritative panel of patent attorneys reviews the evidentiary standards for PTAB trials and examines the weight and admissibility of evidence, timing of evidence submitted by the petitioner, and timing of evidence submitted by the patent owner. The panel will discuss challenging evidence as well as the analysis and conclusions of an expert.

Intellectual Property Group Partner Terry Rea is a panelist at this webinar. Her topic: "Evidentiary Considerations in PTAB Trials."

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