Stats Show Expert Declarations Can Help Avoid AIA Institution

Law360 (October 11, 2019, 12:43 PM EDT) -- In Leahy-Smith America Invents Act proceedings, patent owners face an early strategic decision on how to best convince the Patent Trial and Appeal Board to deny institution. While the majority of patent owners file a preliminary response, deciding whether to include a supporting expert declaration is a closer call. Expert declarations require significant resources expended over the condensed time period to file a preliminary response.

And submitting an expert declaration early — before receiving the board’s initial remarks on claim construction and the substantive challenges in the institution decision — can potentially lock the expert into an undesirable position that could...

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