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Expert Analysis

IPR Oral Argument Rules Offer Opportunities, Pitfalls

By Zachary Silbersher ( June 22, 2017, 2:16 PM EDT) -- Inter partes review proceedings are essentially trials on paper. Despite that, the Patent Trial and Appeal Board affords either party to an IPR the right to an oral argument.[1] While oral argument before the board resembles argument in district court, there are substantive and logistical differences of which practitioners must be mindful. District courts do not always order oral argument with predetermined guidelines on the order of speakers, opportunity for rebuttal, time allotted, constraints on demonstratives, and so forth. By contrast, oral argument before the board in an IPR proceeding has several such constraints that offer both opportunities and potential pitfalls....

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