
Declarations Are Often Limited in Scope & Content
The USPTO Director issued a precedential decision last month in Xerox Corp. v. Bytemark, Inc. that explained declarant testimony that merely repeats, verbatim, conclusory assertions of the petition (without citing additional evidence or providing technical reasoning), is to be given little weight. I didn’t find this determination to be blogworthy since this was how such testimony was being consistently treated by the Board.
What strikes me most about the decision was the need for the PTAB to have to emphasize such to the bar in the first place.