Got Demonstrative Exhibits?

Author: Justin E. Loffredo
Editor: Adriana L. Burgy

During oral argument, demonstrative exhibits can be a useful tool to direct the judges to key arguments and points of rebuttal. As specified in the Trial Practice Guide, the Board prohibits the presentation of new evidence in demonstratives. Recent Board orders further detail that prohibition.

For example, the Board in CBS Interactive Inc. v. Helferich Patent Licensing (IPR2013-00033) (Paper 118) (Oct. 23, 2013) proscribed petitioner and patent owner from using any of their demonstrative slides because many, though not all, were non-compliant. The Board’s specific guidance on the appropriate content of demonstrative exhibits included: (1) there is no new evidence or new arguments in demonstratives; (2) there is no proper basis for presenting “written text setting for various statements, characterizations, and assertions” as demonstrative exhibits; and (3) the burden is on the party presenting the demonstrative slide that it does not present new argument or new evidence.

Continue reading

Bookmark and Share
Tagged , , , , , ,

How Patent Owners Can Increase Their Odds: Lessons Learned From Recent IPR Decisions

Author: P. Raymond Chen
Editor: Eric P. Raciti

IPR proceedings are a risky proposition for patent owners. Statistics provided by the USPTO show that, as of August 2, 2014, the Board has upheld only 30% of the claims challenged in all completed IPR proceedings. In four recent cases (IPR2013-00133, IPR2013-00139, IPR2013-00137, and IPR2013-00138), however, the Patent Owner successfully defended all of its claims. We analyzed these IPRs to identify what approaches patent owners might use to increase their chances of success.

Continue reading

Bookmark and Share
Tagged , , ,

By Failing to Prepare, You Are Preparing to Fail: Incorporate Planned Demonstratives Before The Oral Hearing

Author: Megan R. Leinen
Editor: Adriana L. Burgy

People learn best in different ways. Auditory learners would rather listen to things being explained. Visual learners absorb material best by looking at graphics, watching a demonstration, or reading. Kinesthetic learners prefer processing information through hands-on experiences. Most people are primarily visual learners. But regardless of how any given judge or juror prefers to learn, demonstrative exhibits at trial can serve as powerful tools for persuading all types of learners.

Compared to district court patent litigations, post-grant proceedings are quick. Here one year and gone the next. And those proceedings before the Board are conducted on paper, culminating in a final oral hearing where each side gets just one hour (including rebuttal time) to sway the APJs on their technically dense and legally complex patent issues.

Continue reading

Bookmark and Share
Tagged , , , ,