Analysis

IP Owners Approach USPTO Evidence Proposal With Caution

Law360 (May 29, 2020, 4:51 PM EDT) -- Patent owners may be able to harness a rule proposed by the U.S. Patent and Trademark Office on Tuesday to get America Invents Act challenges thrown out early, but attorneys tell Law360 they worry that embracing this change could hurt patentees in the long run.

The USPTO's proposal would stop giving patent challengers the benefit of the doubt when expert testimony submitted by the owner contradicts the petition. If it becomes law, attorneys say patent owners would be given more power to fight petitions at the Patent Trial and Appeal Board, but they have to be prepared for potentially devastating blowback if...

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