• Exclusion of Evidence Before the Patent Trial and Appeal Board
  • October 16, 2014 | Authors: David B. Cochran; Matthew W. Johnson; Lisamarie LoGiudice
  • Law Firms: Jones Day - Cleveland Office ; Jones Day - Pittsburgh Office ; Jones Day - New York Office
  • Post-issue challenges at the Patent Trial and Appeal Board (the “Board”) provide an accelerated forum to challenge patentability at the United States Patent and Trademark Office (“USPTO”) that are intended to be lower cost than validity challenges in traditional district court litigation. USPTO trials rely heavily on the submission of evidence by the parties. Typical evidence submitted in an inter partes review or post grant/covered business method review includes prior art references and petitioner expert declarations with an initial petition, patent owner expert declarations and objective evidence of nonobviousness with a patent owner response, and rebuttal petitioner expert declarations with a petitioner reply.