Tips On Objections To Evidence In Post-Grant Proceedings

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The Federal Rules of Evidence apply to post-grant proceedings at the Patent Trial and Appeal Board. 37 C.F.R. § 42.62(a). The board has indicated that parties should treat evidentiary issues in a post grant proceeding "just as they would in a case pending before a U.S. district court, keeping in mind the applicability of the USPTO Duty of Candor." 37 C.F.R. § 42.11.
United States Intellectual Property
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This is the final article in our six-part series on inter partes review. Previous articles included: "Lessons From PTAB Decisions on Real Parties-In-Interest," "How To ID Real Parties-In-Interest In Inter Partes Review," "What We've Learned from PTAB Decisions On Institution," "How PTAB Applies 'Interests Of Justice' Discovery Standard" and "The Intersection Of District Court And Inter Partes Review."

Originally published by Law360

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