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New PTAB Rules Take Effect May 2, 2016

The Patent Office has published a final rule with amendments to 37 CFR § 42, et seq., governing IPR, CBM, PGR, and derivation proceedings before the Patent Trial and Appeal Board. The new rules take effect Monday, May 2, 2016 and apply to all AIA petitions filed on or after that date and to any ongoing proceeding … Continue reading

PTAB cautiously authorizes motion to disqualify expert

In Agila Specialties Inc. v. Cephalon, Inc., the PTAB provided guidance on seeking the disqualification of an expert. Although the Board authorized the Patent Owner to file a Motion to Disqualify the Petitioner’s expert on the basis of an alleged conflict of interest, the Board raised a host of issues the Patent Owner would need … Continue reading

Expert testimony is not always necessary to show unpatentability in IPRs

In Guangdong Xinbao Electrical Appliances Holdings v. Adrian Rivera, the PTAB denied a motion to exclude an expert declaration relied upon by the Petitioner in its Reply to the Patent Owner’s Response. In its ruling, the Board took the opportunity to clarify that expert testimony is not always necessary for an IPR Petitioner meet its … Continue reading
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