Petitioners often view the Petition as an opening salvo in what they expect will be a back-and-forth process. In reality, the Petitioner loses control of the proceeding after the Petition is filed. Once trial is instituted, the Patent Owner calls the shots. For example:
- The Patent Owner decides what new witness testimony to introduce and thereby limits the scope of the Petitioner’s discovery.
- The Patent Owner decides what issues to raise in the Response and thereby limits the scope of the Petitioner’s Reply.…