On May 26, 2020, the U.S. Patent and Trademark Office (USPTO) issued a proposed rule change that would give patent owners more power in fighting petitions at the Patent Trial and Appeal Board (PTAB); however, attorneys caution that the change could hurt patentees in the long run. The proposed change would stop giving petitioners the benefit of the doubt when expert testimony submitted by the patent owner contradicts the petition. Law360 contacted Finnegan partner and leader of the firm’s PTAB trials section, Josh Goldberg, for his thoughts on the proposed rule change.
Josh believes that patent owners may be hesitant to submit such expert testimony, even if the rule does pass. He said, “A lot of patent owners feel like, 'What's the point?’ That may change now, but until we see the results, until we see panels actually relying on those declarations, it may be something that people continue to just watch. A lot of times patent owners, given what they have at stake, favor the more conservative approach to see how things play out."
Read the full article here.
