• In Your IPR, Your Expert Declares ... So That’s Evidence By Itself, Right? No, Not So Much
  • September 28, 2016 | Author: Charles W. Shifley
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • Inter partes reviews are the new hotbed of patent litigation. Filed at the U.S. Patent and Trademark Office, with the Patent Trial and Appeal Board, IPRs take down bad patents and eliminate them from the courts. Every accused infringer gets the chance to file an IPR against each patent asserted against them. They do it by filing a petition to cancel patent claims, with proof of necessary facts taking the form of an expert declaration. The patent owner responds with its own expert. The experts may battle over claim interpretation and over disclosures in prior art references. The PTAB decides who to believe and whether the patent is to be sustained or canceled.