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  • The opinions, commentary and characterizations provided to this online forum by the authors and moderators are provided for encouraging discussion, thought and debate on important post grant issues. These postings are in no way representative of the opinions of Oblon Spivak et al., or its clients.

Fall Season Brings Conclusion to First IPRs

Posted On: Aug. 13, 2013   By: Scott A. McKeown
IPR-hearingPTAB to Broadcast First IPR Hearing

With IPR proceedings limited, by statute, to a 12 month duration, many of the first IPRs pursued last fall will be concluding shortly. The first, IPR2012-00001 (Garmin Int’l, Inc. et al. v. Cuozzo Speed Techs. LLC) will go to oral hearing on August 16th. The PTAB has set up an audio feed of the hearing (here). The PTAB also broadcast the first CBM oral hearing last spring.

For those that have never practiced before the PTAB, the CBM oral hearing was a surprise. Many litigators were expecting/hoping for “trial-like” theatrics, witnesses, etc. Of course, the AIA trials at the PTAB are largely conducted on paper. The oral hearing at the end is more akin to a CAFC oral hearing in that the panel is very active, and the focus is on the claims and cited art (as opposed to the multitude of tangential distractions that bog down district court proceedings).

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