PTAB Sets Precedent On Live Testimony, Substitute Claims

Law360 (March 18, 2019, 8:53 PM EDT) -- The Patent Trial and Appeal Board on Monday designated three orders as precedential, solidifying when live testimony is allowed during proceedings and confirming that it can consider whether substitute claims are patent eligible when letting patent owners amend their intellectual property. 

The board’s move sets as precedent its 2014 order in K40 Electronics LLC v. Escort Inc. and January 2019 orders in DePuy Synthes Products Inc. v. Medidea LLC, and Amazon.com Inc. v. Uniloc Luxembourg SA.

The K40 and DePuy decisions both have to do with when live testimony is allowed during oral arguments. In the older decision, the PTAB allowed...

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