Richard S.J. Hung, Alex Yap, and Stephen Liu authored an article for The Intellectual Property Strategist reviewing recent decisions where courts are excluding all evidence relating to post-grant proceeding before the Patent Trial and Appeal Board (PTAB).
“The general trend among trial courts in the nation’s busiest patent districts is to exclude evidence of post-grant proceedings to avoid the risk of jury confusion and undue prejudice,” the authors wrote. “Nevertheless, the discretionary nature of evidentiary rulings and courts’ willingness to entertain exceptions means that parties should still continue to advocate for the admissibility of such evidence.”
Read the full article.