Tag Archives: patent owner response

Patent Owners Can Get the Last Word in IPR

iStock_000065890947_SmallPTAB judges continually impress me with their scrupulous fairness. I noticed it every day of my service as an administrative patent judge and every day since. Here’s a great example of that careful attention.

The party with the burden of proof argues last, right? Well, mostly right. In IPR’s (and PGR’s and CBM’s), the Petitioner bears the ultimate burden to prove a proposition of unpatentability by a preponderance of the evidence.… More

The Patent Owner Calls the Shots in Trial

The Patent Owner calls the shotsPetitioners 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.…
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