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A very scary process

  • 09.01.14
  • Michael Loney
  • Managing Intellectual Property

Robert Greene Sterne was quoted in a cover story of the September issue of Managing Intellectual Property magazine. The article discusses PTAB proceedings which have proven an intense ordeal for patent owners that leaves little chance for discovery or amending of claims. The authors note that patent lawyers accustomed to district court litigation have endured a steep learning curve adjusting to these new proceedings.

When describing the new PTAB proceedings in comparison to traditional district court litigation Mr. Sterne said, "the characterization of it being a trial is kind of an oxymoron in the minds of many. It is an administrative process with a one hour hearing at the end."

Limited discovery is another unique trait of PTAB proceedings patent litigators must contend with. "There is very little discovery so the petitioner can get away with murder, and I see this all the time," said Mr. Sterne. "It is a very scary process for patent owners. It requires a huge amount of effort and skill because the patent owner has to win everything. The challenge only has to win on one thing to win."

To read the article, visit Managing Intellectual Property's website.

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