Patent Owner Tip #7 for Surviving an Instituted IPR: Work with Your Expert to Make the Declaration Navigable and Well Supported
By EsqSocial Corporation 21/05/21
Expert declarations are an essential component of any patent owner’s effort to survive an instituted inter partes review (“IPR”). The Board relies heavily on expert testimony in order to evaluate and understand the technology at issue from the point of view of a person of ordinary skill in the art (“POSA”). The expert declaration can also help to explain the meaning of claims terms in the context of the patent and help protect against hindsight bias. Because of the weight afforded, the patent...
By: Mintz - Intellectual Property Viewpoints