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Expert Testimony Not Helping IP Owners Avoid AIA Review

March 8, 2017, Law360

Scott Kamholz is quoted in a Law360 article regarding the impact of allowing patent owners to present expert testimony in their responses to America Invents Act review petitions. According to Kamholz, “Generally speaking, if the patent owner's witness is just contradicting the petitioner’s witness ... then the [Patent Trial and Appeal Board] would tend to order trial because that difference of opinion demonstrates the existence of a genuine issue of material fact.” He adds, “It’s very much a weighing of a lot of factors. If you put an expert declaration in, it may just signal to the board that what we really need here is a trial."

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