June 8, 2016

Post-Grant for Practitioners – Evidentiary Trends at the PTAB Part II: “Paper” Witness Testimony

Fish Principals John Adkisson (District Court trial lawyer experienced in PTAB Trials), Stephen Schaefer (PTAB practitioner), and Thomas Rozylowicz (PTAB practitioner), continued our recent discussion of evidentiary trends at the Patent Trial and Appeal Board (PTAB), focusing on “paper” witness testimony. Witness testimony in a PTAB trial is presented on the papers instead of through live witness testimony. Our speakers provided best practices and practical tips for post-grant practitioners to consider in light of this. Topics included:

  • How the PTAB treats issues of bias and credibility
  • Expert witness competence, and Daubert Standards in PTAB trials
  • Strategy considerations given witness testimony is on the papers
  • Exceptions when live testimony may be permitted

John Adkisson, Principal
Steve Schaefer, Principal
Thomas Rozylowicz, Principal
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