Expert Testimony Not Helping IP Owners Avoid AIA Review

By Matthew Bultman (March 8, 2017, 7:38 PM EST) -- Almost one year has passed since new rules allowed patent owners to present expert testimony in their responses to America Invents Act review petitions, and the early results are in: The change has had little impact on the outcome of Patent Trial and Appeal Board decisions about whether to institute review.

RPX Corp. recently compiled data examining institution decisions at PTAB since the rule change went into effect in May. The numbers provide an initial snapshot of the effect the submission of testimonial evidence with a patent owner's preliminary response has on board decisions.

What the data show might be a bit of...

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