How New Testimonial Evidence Affects IPR Institution

By Rubén Muñoz, Melissa Gibson and Matthew Hartman (June 5, 2018, 12:39 PM EDT) -- It has been two years since the introduction of a rule change that permits patent owners to submit new testimonial evidence (NTE) in support of a preliminary response to an inter partes review petition. To assess the prevalence and value of NTE, we analyzed more than 300 IPR proceedings involving patents in the biotechnology and chemical arts having a preliminary response due on or after May 2, 2016 (the effective date of the rule change). Our study shows that the submission of NTE did not reduce overall institution rates....

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