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,
Experts
PTAB cautiously authorizes motion to disqualify expert
By George Jordan (US) on
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…
Expert testimony is not always necessary to show unpatentability in IPRs
By NRF Digital Team on
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…